house bill no. 81 of the senatesenate.la.gov/sessioninfo/journals/2016/05-23-2016.pdf ·...
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OFFICIAL JOURNALOF THE
SENATEOF THE
STATE OF LOUISIANA_______
THIRTY-NINTH DAY'S PROCEEDINGS_______
Forty-Second Regular Session of the LegislatureUnder the Adoption of the
Constitution of 1974_______
Senate ChamberState Capitol
Baton Rouge, Louisiana
Monday, May 23, 2016
The Senate was called to order at 4:20 o'clock P.M. by Hon.John A. Alario Jr., President of the Senate.
Morning Hour
CONVENING ROLL CALL
The roll being called, the following members answered to theirnames: PRESENT
Mr. President Cortez MorrellAllain Erdey MorrishAppel Fannin PeacockBarrow Hewitt PerryBoudreaux Johns RiserBrown Lambert Smith, G.Carter Long Smith, J.Chabert Martiny WalsworthClaitor Mills WardColomb Mizell White Total - 30
ABSENT
Bishop LaFleur PetersonDonahue Luneau TarverGatti Milkovich Thompson Total - 9
The President of the Senate announced there were 30 Senatorspresent and a quorum.
Prayer
The prayer was offered by Pastor Keith Richard, followingwhich the Senate joined in the Pledge of Allegiance to the flag of theUnited States of America.
Reading of the Journal
On motion of Senator Morrell, the reading of the Journal wasdispensed with and the Journal of May 19, 2016, was adopted.
Message from the House
DISAGREEMENT TO HOUSE BILL
May 23, 2016
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the House ofRepresentatives has refused to concur in the proposed Senate
Amendment(s) to House Bill No. 81 by Representative Broadwater,and ask the President to appoint on the part of the Senate a committeeto confer with a like committee from the House on the disagreement.
Respectfully submitted,ALFRED W. SPEER
Clerk of the House of Representatives
Message from the House
DISAGREEMENT TO HOUSE BILL
May 23, 2016
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the House ofRepresentatives has refused to concur in the proposed SenateAmendment(s) to House Bill No. 218 by Representative Hoffmann,and ask the President to appoint on the part of the Senate a committeeto confer with a like committee from the House on the disagreement.
Respectfully submitted,ALFRED W. SPEER
Clerk of the House of Representatives
Message from the House
CONCURRING INSENATE CONCURRENT RESOLUTIONS
May 19, 2016
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the House ofRepresentatives has finally concurred in the following SenateConcurrent Resolutions:
SENATE CONCURRENT RESOLUTION NO. 38—BY SENATORS BISHOP AND THOMPSON
A CONCURRENT RESOLUTIONTo urge and request the committee on parole, Board of Pardons,
Department of Public Safety and Corrections, to conduct acomprehensive review of parole matters and to report on thosematters to the Senate Committee on Judiciary C, the HouseCommittee on Administration of Criminal Justice, the FirstCircuit Court of Appeal, and the Louisiana Supreme Court, notlater than December 1, 2016.
Reported with amendments.
SENATE CONCURRENT RESOLUTION NO. 121—BY SENATOR LONG
A CONCURRENT RESOLUTIONTo commend and congratulate Arthur Leonard "Red" Swanson Sr. on
being named to the 2016 Louisiana Sports Hall of Fame.
Reported without amendments.
SENATE CONCURRENT RESOLUTION NO. 122—BY SENATOR CORTEZ
A CONCURRENT RESOLUTIONTo express the sincere and heartfelt condolences of the Legislature of
Louisiana upon the death of Edgar G. "Sonny" Mouton Jr.,oneof Louisiana and Acadia Parish's most well-known and belovedpolitical figures, spending much of his civic career as a leaderin state government and a longtime state legislator.
Reported without amendments.
SENATE CONCURRENT RESOLUTION NO. 20—BY SENATOR ERDEY
A CONCURRENT RESOLUTIONTo express the intent of the Legislature of Louisiana that the
Department of Public Safety and Corrections, public safetyservices, and the office of motor vehicles enforce laws thatregulate glass tinting on motor vehicles and particularly onprivate passenger vehicles.
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Reported without amendments.
SENATE CONCURRENT RESOLUTION NO. 36—BY SENATOR ERDEY
A CONCURRENT RESOLUTIONTo urge and request the Department of Transportation and
Development to study the feasibility of a new interstateinterchange on I-12 at Louisiana Highway 1032 (4H-Club Road)and a new interstate interchange on I-12 at Louisiana Highway16 (Pete's Highway).
Reported without amendments.
SENATE CONCURRENT RESOLUTION NO. 43—BY SENATOR CORTEZ
A CONCURRENT RESOLUTIONTo urge and request the Department of Transportation and
Development to study the feasibility of corporate sponsorship ofstate bridges, other department infrastructure, or equipment.
Reported without amendments.
SENATE CONCURRENT RESOLUTION NO. 62—BY SENATOR PEACOCK
A CONCURRENT RESOLUTIONTo urge and request the Louisiana State Law Institute to study and
make recommendations regarding the feasibility of revisions tothe law of wills and testaments and trusts.
Reported without amendments.
SENATE CONCURRENT RESOLUTION NO. 63—BY SENATOR PEACOCK
A CONCURRENT RESOLUTIONTo urge and request the Louisiana State Law Institute to study and
make recommendations regarding the feasibility of revisions tothe law of wills and testaments.
Reported without amendments.
SENATE CONCURRENT RESOLUTION NO. 3—BY SENATORS MILLS, HEWITT, PERRY AND GARY SMITH
A CONCURRENT RESOLUTIONTo urge and request the Department of Health and Hospitals to
submit a report by October 1, 2016, on the health benefits andhealthcare costs associated with adding Adrenoleukodystrophy(ALD) to the newborn screening panel and to add ALD to thenewborn screening panel no later than August 1, 2017.
Reported without amendments.
SENATE CONCURRENT RESOLUTION NO. 65—BY SENATOR MILLS AND REPRESENTATIVE HOFFMANN
A CONCURRENT RESOLUTIONTo create and provide for the Task Force on Meaningful Oversight
which shall review current law on professional healthcarelicensing board oversight by the Department of Health andHospitals and make recommendations to the legislature on lawsrequired to ensure compliance with North Carolina State Boardof Dental Examiners v. Federal Trade Commission, 135 S.Ct.1101(2015).
Reported without amendments.
SENATE CONCURRENT RESOLUTION NO. 6—BY SENATOR CLAITOR
A CONCURRENT RESOLUTIONTo express the intent of the Louisiana Legislature relative to
enforcement of fishing harvest gear laws and restrictions in stateand federal waters off the coast of Louisiana.
Reported without amendments.
SENATE CONCURRENT RESOLUTION NO. 17—BY SENATOR JOHNS AND REPRESENTATIVES GLOVER, MARCELLEAND NORTON
A CONCURRENT RESOLUTIONTo create the Riverboat Economic Development and Gaming Task
Force to study current law and existing rules and regulationsregarding riverboat gaming.
Reported without amendments.
SENATE CONCURRENT RESOLUTION NO. 68—BY SENATORS GATTI, ALARIO, ALLAIN, APPEL, BARROW, BISHOP,BOUDREAUX, BROWN, CARTER, CHABERT, CLAITOR, COLOMB,CORTEZ, DONAHUE, ERDEY, FANNIN, HEWITT, JOHNS, LAFLEUR,LAMBERT, LONG, LUNEAU, MARTINY, MILKOVICH, MILLS, MIZELL,MORRELL, MORRISH, PEACOCK, PERRY, PETERSON, RISER, GARYSMITH, JOHN SMITH, TARVER, THOMPSON, WALSWORTH, WARDAND WHITE AND REPRESENTATIVES BAGLEY, COX, JACKSON,LEBAS, MAGEE AND WILLMOTT
A CONCURRENT RESOLUTIONTo urge and request the United States Department of Defense and the
Louisiana Department of Health and Hospitals to coordinateefforts to provide information to military families regardingservices for individuals with intellectual or developmentaldisabilities.
Reported without amendments.
SENATE CONCURRENT RESOLUTION NO. 13—BY SENATOR BISHOP
A CONCURRENT RESOLUTIONTo request the Louisiana State Law Institute to study the feasibility
of revising state law to specifically authorize a right of actionand legal standing for private associations to seek injunctiverelief for a zoning violation when a municipality fails or refusesto do so and a person is harmed thereby, and also to studywhether present penalties for zoning violations should berevised to be comparable with those in other states.
Reported without amendments.
Respectfully submitted,ALFRED W. SPEER
Clerk of the House of Representatives
Message from the House
PASSED SENATE BILLS ANDJOINT RESOLUTIONS
May 19, 2016
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the House ofRepresentatives has finally passed the following Senate Bills andJoint Resolutions:
SENATE BILL NO. 22—BY SENATOR CHABERT
AN ACTTo amend and reenact R.S. 36:508.4(A)(1), relative to the
Multimodal Commerce Advisory Commission; to change thechair of the commission to the commissioner of multimodalcommerce; to provide for an effective date; and to provide forrelated matters.
Reported without amendments.
SENATE BILL NO. 31—BY SENATOR MILLS
AN ACTTo amend and reenact R.S. 34:1452, 1453(A), (B), (C) and (E), 1454
and 1455 and to enact R.S. 34:1453(F), relative to the GreaterKrotz Springs Port Commission; to provide for rights andpowers of the commission; to provide for general obligation andrevenue bonds; to provide for a prescriptive period for the sale
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of bonds; to authorize the commission to enter cooperativeendeavor agreements; to provide relative to existing contractsand agreements; and to provide for related matters.
Reported without amendments.
SENATE BILL NO. 50—BY SENATOR GARY SMITH
AN ACTTo amend and reenact R.S. 32:1(1.1), 190(D), 401(2), and 408(C)(3),
relative to autocycles; to amend the definition of autocycleapplicable to operators and passengers for a helmet exemption;to amend the definition of autocycle applicable for an exemptionfor certain driver's license endorsements for operators; and toprovide for related matters.
Reported without amendments.
SENATE BILL NO. 100—BY SENATOR GARY SMITH
AN ACTTo amend and reenact R.S. 32:402.1(A)(1)(a) and (2)(b),
407(A)(2)(a), and 408(A)(1), relative to driver education; toprovide for education and knowledge of trailer safety; and toprovide for related matters.
Reported without amendments.
SENATE BILL NO. 389—BY SENATORS ERDEY, BROWN, CORTEZ, FANNIN, HEWITT, LONGAND GARY SMITH
AN ACTTo enact R.S. 47:490.30, relative to motor vehicles; to create a
military honor license plate for a veteran who is one hundredpercent disabled; and to provide for related matters.
Reported without amendments.
SENATE BILL NO. 391—BY SENATOR ERDEY
AN ACTTo enact R.S. 49:214.6.8(B)(1)(s), relative to the Coastal Louisiana
Levee Consortium; to add a member to the consortium; toprovide terms, conditions, and requirements; and to provide forrelated matters.
Reported without amendments.
SENATE BILL NO. 444—BY SENATOR ERDEY
AN ACTTo enact R.S. 32:412(N) and R.S. 40:1321(O), relative to the drivers'
licenses and special identification cards; to provide for "100%DAV" designation on a Louisiana driver's license and specialidentification card; and to provide for related matters.
Reported without amendments.
SENATE BILL NO. 117—BY SENATOR MILLS
AN ACTTo amend and reenact R.S. 46:153.3(B)(2)(a)(iv), the introductory
paragraph of (D)(2), (D)(2)(c), (d), (e), (f), (g), (h), (k), and (p),and (D)(5)(b) and (c) and to repeal R.S. 46:153.3(B)(1)(b), (c),(d), and (e), (B)(2)(d), (B)(3) and (4), (C)(2) and (3), and(D)(5)(d) and (e), relative to the Medicaid Pharmaceutical andTherapeutics Committee; to remove legislative intent andexpired implementation restrictions; to remove references tocommittees that no longer exist; to remove provisions that havebeen sunset by subsequent legislation; to change the MedicaidPharmaceutical and Therapeutics Committee membershipselection criteria; to change terminology; to provide for aneffective date; and to provide for related matters.
Reported without amendments.
SENATE BILL NO. 6—BY SENATOR PEACOCK
AN ACTTo amend and reenact R.S. 11:1149, relative to the Louisiana School
Employees' Retirement System; to provide relative tocontributions of members out of service for five years; toprovide for an effective date; and to provide for related matters.
Reported without amendments.
SENATE BILL NO. 8—BY SENATOR PEACOCK
AN ACTTo amend and reenact R.S. 11:1152(G)(1), relative to the Louisiana
School Employees' Retirement System; to provide relative todisbursements from deferred retirement option plansubaccounts; to provide for an effective date; and to provide forrelated matters.
Reported without amendments.
SENATE BILL NO. 12—BY SENATOR PEACOCK
AN ACTTo amend and reenact R.S. 11:1345.7(B), to enact R.S. 11:1313(D)
and 1345.7(D), and to repeal R.S. 11:211, relative to disabilitybenefits for the Louisiana State Police Retirement System; toprovide for technical changes; to provide for an effective date;and to provide for related matters.
Reported without amendments.
SENATE BILL NO. 16—BY SENATORS PEACOCK, ALARIO, ALLAIN, APPEL, BARROW,BOUDREAUX, BROWN, CARTER, CHABERT, CLAITOR, COLOMB,CORTEZ, ERDEY, GATTI, HEWITT, JOHNS, LAFLEUR, LAMBERT,LONG, LUNEAU, MARTINY, MILKOVICH, MILLS, MIZELL, MORRELL,MORRISH, PERRY, RISER, GARY SMITH, JOHN SMITH, TARVER,THOMPSON, WALSWOR T H, WAR D AND WHITE ANDREPRESENTATIVES ABRAHAM, ADAMS, AMEDEE, BACALA,BAGLEY, BAGNERIS, BARRAS, BERTHELOT, BILLIOT, BISHOP,BOUIE, BROADWATER, TERRY BROWN, CARPENTER, GARY CARTER,STEVE CARTER, CHANEY, CONNICK, COUSSAN, COX, DAVIS,DEVILLIER, DWIGHT, EDMONDS, EMERSON, FALCONER, GAINES,GISCLAIR, GUINN, LANCE HARRIS, HAVARD, HOFFMANN, HOLLIS,HORTON, HOWARD, IVEY, JAMES, JEFFERSON, MIKE JOHNSON,JONES, NANCY LANDRY, LEBAS, LEGER, LYONS, MAGEE, MIGUEZ,GREGORY MILLER, MONTOUCET, JAY MORRIS, JIM MORRIS, POPE,PRICE, PYLANT, REYNOLDS, RICHARD, SCHEXNAYDER, SEABAUGH,STOKES, WHITE AND ZERINGUE
AN ACTTo enact R.S. 11:2178(D)(4), relative to the Sheriffs' Pension and
Relief Fund; to provide for the death benefits of survivors ofcertain members; to provide for qualifications to receive deathbenefits; to provide for benefit calculations; to provide for aneffective date; and to provide for related matters.
Reported without amendments.
SENATE BILL NO. 74—BY SENATORS THOMPSON, ALLAIN, PEACOCK AND JOHN SMITH
AN ACTTo amend and reenact R.S. 3:4721(A) and (C) and to enact R.S.
3:4722, relative to the logo for state products; to expand logoeligibility; to authorize the commissioner of agriculture andforestry to impose civil penalties; and to provide for relatedmatters.
Reported without amendments.
SENATE BILL NO. 75—BY SENATOR THOMPSON
AN ACTTo repeal Chapter 20-A of Title 3 of the Louisiana Revised Statutes
of 1950, comprised of R.S. 3:3396.1 through 3396.6, relative tothe Pest Control Compact; to repeal the compact and the PestControl Insurance Fund; and to provide for related matters.
Reported without amendments.
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Page 4 SENATE 39th DAY'S PROCEEDINGSMay 23, 2016
SENATE BILL NO. 255—BY SENATOR MORRELL
AN ACTTo amend and reenact R.S. 26:802(A)(4) and to enact R.S.
26:802(A)(15) and 813, relative to alcoholic beverages; toprovide for business relations of wholesalers and suppliers; toprovide for obligations of successors; to provide for definitions;and to provide for related matters.
Reported without amendments.
SENATE BILL NO. 320—BY SENATORS MORRELL, BARROW AND COLOMB ANDREPRESENTATIVE JACKSON
AN ACTTo amend and reenact R.S. 46:1844(G), relative to rights of crime
victims and witnesses; to provide for the rights of family ofcrime victims; to provide for designated courtroom seating; toprovide for separation of certain individuals; and to provide forrelated matters.
Reported without amendments.
SENATE BILL NO. 350—BY SENATOR LUNEAU
AN ACTTo amend and reenact R.S. 40:39.1(B)(1), relative to vital records; to
provide for issuance of birth records or death certificates; toprovide for payment of fees for these certificates; and to providefor related matters.
Reported without amendments.
SENATE BILL NO. 363—BY SENATOR APPEL
AN ACTTo amend and reenact R.S. 13:994(A), relative to the judicial
expense fund for the Twenty-Fourth Judicial District; to increasecertain fees and costs; and to provide for related matters.
Reported without amendments.
SENATE BILL NO. 382—BY SENATORS THOMPSON, ALLAIN, FANNIN, LONG AND JOHNSMITH
AN ACTTo enact R.S. 3:1434(6) and 1450, relative to the regulation of seeds;
to prohibit local governmental entities and other local governingauthorities from regulating the registration, distribution, sale, orplanting of seeds; to provide for the powers of the commissionerof agriculture and forestry; to provide for the duties of theAgricultural Chemistry and Seed Commission; to provide for aprocess for amending department rules and regulations; torequire ordinance and restriction approval by the commissioner;to provide for adjudicatory proceedings; and to provide forrelated matters.
Reported without amendments.
SENATE BILL NO. 96—BY SENATOR GARY SMITH AND REPRESENTATIVE GARY CARTER
AN ACTTo repeal R.S. 13:847(E)(1)(c) and (d), relative to fees in criminal
cases; to repeal certain fees charged for certain felonyexpungement proceedings; to repeal certain fees charged forcertain misdemeanor expungement proceedings; and to providefor related matters.
Reported without amendments.
SENATE BILL NO. 154—BY SENATOR CLAITOR
AN ACTTo repeal R.S. 13:5105(C), relative to courts and judicial procedure;
to repeal certain provisions relative to jury trials that weredeclared unconstitutional; and to provide for related matters.
Reported without amendments.
SENATE BILL NO. 205—BY SENATOR CARTER AND REPRESENTATIVE GARY CARTER
AN ACTTo amend and reenact R.S. 26:901(34), relative to the office of
alcohol and tobacco control; to provide for the definition oftobacco wholesale dealers; to provide for required sales oftobacco wholesale dealers; and to provide for related matters.
Reported without amendments.
SENATE BILL NO. 216—BY SENATOR CARTER
AN ACTTo enact R.S. 3:2364(D)(11) and 2366, relative to animal shelters; to
create the Louisiana Animal Shelter Registry; to provide relativeto the duties of the Louisiana Animal Welfare Commission; toprovide for voluntary registration of animal shelters; to providefor definitions; to provide for registration form requirements; torequire certain records; and to provide for related matters.
Reported without amendments.
SENATE BILL NO. 153—BY SENATOR CLAITOR
AN ACTTo amend and reenact R.S. 40:1788(B), relative to firearms; to
provide regarding an identification number or other mark on afirearm; to delete provisions relative to a presumption of guiltagainst a defendant in possession of a firearm with anidentification number or mark that has been removed or altered;and to provide for related matters.
Reported without amendments.
Respectfully submitted,ALFRED W. SPEER
Clerk of the House of Representatives
Message from the House
PASSED SENATE BILLS ANDJOINT RESOLUTIONS
May 19, 2016
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the House ofRepresentatives has finally passed the following Senate Bills andJoint Resolutions:
SENATE BILL NO. 123—BY SENATOR CLAITOR
AN ACTTo amend and reenact Title VIII of the Code of Criminal Procedure,
to be comprised of Articles 311 through 342, R.S. 15:85, and theintroductory paragraph of R.S. 22:1441(A) and (A)(1) through(5), (C)(1), the introductory paragraph of (C)(2) and (C)(2)(a)through (e), and (D), to enact R.S. 22:1441(C)(3) through (5),and to repeal Code of Criminal Procedure Articles 327.1, 330.1,330.2, 330.3, 334.1, 334.2, 334.3, 334.4, 334.5, 334.6, 335.1,335.2, 336.1, 336.2, 343, 344, 345, 346, 347, 348, 349, 349.1,349.2, 349.3, 349.4, 349.5, 349.6, 349.7, 349.8, and 349.9,relative to bail; to provide for the revision and reorganization ofbail law; to provide for definitions; to provide for the right tobail; to provide for bail hearings and detention without bail; toprovide for the authority to fix bail; to provide schedules of bailand factors in fixing bail; to provide for modification of bail; toprovide for conditions, types, and restrictions of bail; to providefor bail with and without surety; to provide for cash deposits; toprovide the requirements of the bail undertaking; to provide fornotice of required appearance; to provide for discharge of thebail obligation; to provide relative to a defendant's failure to
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appear and issuance and notice of arrest warrant; to provide forthe filing of a rule to show cause; to provide for nonforfeituresituations; to provide for notice and recordation of judgment; toprovide for appeals; to provide for enforcement of judgment; toprovide relative to failure to satisfy a judgment of bondforfeiture or claim under a criminal bond contract; and toprovide for related matters.
Reported with amendments.
SENATE BILL NO. 326—BY SENATORS CLAITOR, BARROW AND COLOMB ANDREPRESENTATIVE JAMES
AN ACTTo amend and reenact R.S. 14:403(A)(1)(b) and to enact Children's
Code Article 610(H), relative to the reporting of child abuse andneglect; to add starvation and malnutrition to the definition of"serious bodily injury"; to require an annual report to thelegislature; and to provide for related matters.
Reported with amendments.
SENATE BILL NO. 381—BY SENATOR MARTINY
AN ACTTo enact R.S. 35:415, relative to ex officio notaries; to provide for
the appointment of ex officio notaries for the Causeway PoliceDepartment; to provide for the exercise of authority; to providefor the authority of the chief of police of the department tosuspend or terminate the appointment; and to provide for relatedmatters.
Reported with amendments.
SENATE BILL NO. 94—BY SENATOR COLOMB
AN ACTTo amend and reenact Code of Civil Procedure Arts. 10(A)(3) and
(4) and 4556 and to enact Chapter 24 of Title 13 of theLouisiana Revised Statutes of 1950, to be comprised of R.S.13:4251.101 through 4251.505, relative to adults in need ofcare; to provide relative to courts and judicial procedure; toprovide relative to jurisdiction and procedures for actionsbrought pursuant to the Louisiana Uniform Adult GuardianshipProtective Proceedings Jurisdiction Act; to provide for ancillaryinterdiction procedures for protected persons; to provide a shorttitle for the Louisiana Uniform Adult Guardianship andProtective Proceedings Jurisdiction Act; to provide certaindefinitions, terms, procedures, conditions, requirements andeffects; to provide for international application of the Chapter;to provide for communication between Louisiana courts andcourts of other states; to provide for cooperation betweenLouisiana courts and courts of other states; to provide for takingtestimony in another state; to provide for exclusive basis; toprovide for jurisdiction; to provide for special jurisdiction; toprovide for exclusive and continuing jurisdiction; to provide forappropriate forums; to provide for jurisdiction declined byreason of conduct; to provide for notice of proceedings; toprovide for proceedings in more than one state; to provide fortransfer of guardianship or conservatorship proceedings toanother state; to provide for accepting guardianship orconservatorship proceedings transferred from another state; toprovide for registration of guardianship orders; to provide forregistration of protective orders; to provide for the effect of theregistration of such orders; to provide for uniformity ofapplication and construction; to provide relative to theElectronic Signatures in Global and National Commerce Act; toprovide for transitional provision; and to provide for relatedmatters.
Reported with amendments.
SENATE BILL NO. 26—BY SENATOR ALLAIN
AN ACTTo amend and reenact Civil Code Arts. 655 and 656, relative to
servitudes; to provide relative to natural servitudes; to providerelative to natural drainage, obligations of owners, and dominantand servient estates; to provide certain terms and effects; and toprovide for related matters.
Reported with amendments.
SENATE BILL NO. 82—BY SENATOR MORRISH
AN ACTTo enact Chapter 52 of Title 34 of the Louisiana Revised Statutes of
1950, to be comprised of R.S. 34:5201 through 5205, and torepeal Chapters 31 and 32 of Title 34 of the Louisiana RevisedStatutes of 1950, comprised of R.S. 34:2501 through 2506 andR.S. 34:2551 through 2556, relative to port, harbor, and terminaldistricts; to create the Cameron Parish Port, Harbor, andTerminal District; to create the Cameron Parish PortCommission to administer such district; to provide for itsmembers, duties, and powers, including its authority to levytaxes and to issue bonds; to terminate the East Cameron Port,Harbor and Terminal District and the East Cameron PortCommission; to terminate the West Cameron Port, Harbor andTerminal District and the West Cameron Port Commission; toprovide for an effective date; and to provide for related matters.
Reported with amendments.
SENATE BILL NO. 357—BY SENATOR CARTER
AN ACTTo enact R.S. 32:44, relative to red light cameras; to require
notification of red light camera locations; to provide fordefinitions; and to provide for related matters.
Reported with amendments.
SENATE BILL NO. 107—BY SENATOR BARROW
AN ACTTo amend and reenact R.S. 36:251(A), (B), and (C)(1), to enact R.S.
49:191(9)(b), and to repeal R.S. 49:191(6)(d), relative to theDepartment of Health and Hospitals; to provide for the namechange of the department to the Department of Health; toprovide for the re-creation of the Department of Health and thestatutory entities made a part of the department by law; toprovide for the effective termination date for all statutoryauthority for the existence of such statutory entities; and toprovide for related matters.
Reported with amendments.
Respectfully submitted,ALFRED W. SPEER
Clerk of the House of Representatives
Privileged Report of theLegislative Bureau
May 23, 2016
To the President and Members of the Senate:
I am directed by your Legislative Bureau to submit thefollowing report:
The following instruments are approved as to construction andduplication.
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HOUSE BILL NO. 244—BY REPRESENTATIVE PUGH
AN ACTTo amend and reenact R.S. 34:1951(D), relative to the South
Tangipahoa Parish Port Commission; to extend term limitationsfor members of the South Tangipahoa Parish Port Commission;to provide for an effective date; and to provide for relatedmatters.
Reported without amendments.
HOUSE BILL NO. 357—BY REPRESENTATIVE LEGER
AN ACTTo repeal R.S. 48:388(F), relative to rail; to provide relative to
assistance for rail service; to provide for an effective date; andto provide for related matters.
Reported without amendments.
HOUSE BILL NO. 400—BY REPRESENTATIVE REYNOLDS
AN ACTTo amend and reenact R.S. 17:351.1(B)(1), relative to textbooks and
other instructional materials; to provide relative to the review oftextbooks and other instructional materials by the stateDepartment of Education; to require that the department conductsuch reviews in accordance with the schedule of the State Boardof Elementary and Secondary Education for reviews of certaincontent standards; to require the department to prioritize certainreviews and to publish a related timeline on its website; and toprovide for related matters.
Reported without amendments.
HOUSE BILL NO. 401—BY REPRESENTATIVE REYNOLDS
AN ACTTo amend and reenact R.S. 17:282.3(B)(1), relative to personal
financial education; to require public elementary or secondaryschools to offer instruction in personal financial management;and to provide for related matters.
Reported without amendments.
HOUSE BILL NO. 429—BY REPRESENTATIVE BROADWATER
AN ACTTo amend and reenact R.S. 38:2212.1(N)(1) through (4)(introductory
paragraph) and to repeal R.S. 38:2212.1(N)(4)(a) through (g),relative to group purchasing of school materials, equipment, andsupplies; to authorize public school districts and public schoolsto enter into agreements with qualified group purchasingorganizations for the purchase of materials, equipment, andsupplies; to provide relative to definitions; and to provide forrelated matters.
Reported without amendments.
HOUSE BILL NO. 625—BY REPRESENTATIVE TERRY LANDRY
AN ACTTo amend and reenact R.S. 32:1512(B) and to enact R.S. 32:1512(E)
and 1520(C), relative to the transportation of hazardousmaterial; to provide for additional factors for consideration indetermining the amount of a penalty assessed to persons whotransport hazardous material and are found to have committedcertain violations; to provide when a penalty will not beimposed on persons who transport hazardous material followingcertain incidents involving hazardous material; to prohibit theissuance of a citation for careless handling of hazardous materialin certain circumstances; and to provide for related matters.
Reported without amendments.
HOUSE BILL NO. 632—BY REPRESENTATIVES JIM MORRIS, ARMES, BILLIOT, BISHOP,TERRY BROWN, CHANEY, COUSSAN, DEVILLIER, FOIL, GISCLAIR,GUINN, LYONS, MIGUEZ, MONTOUCET, WHITE, AND ZERINGUE
AN ACTTo enact R.S. 30:4.3, relative to financial security required by the
commissioner of conservation; to provide for financial securityrequired to conduct certain oil and gas activity; to authorize thecommissioner of conservation to promulgate rules andregulations; to provide for required amounts; to provide forexemptions; to provide for an effective date; and to provide forrelated matters.
Reported without amendments.
HOUSE BILL NO. 751—BY REPRESENTATIVE LEGER
AN ACTTo amend and reenact R.S. 32:295.1(G)(1), relative to
noncompliance with compulsory seat belt law; to increase finesfor seat belt violations; and to provide for related matters.
Reported without amendments.
HOUSE BILL NO. 819—BY REPRESENTATIVES JIM MORRIS, ARMES, BILLIOT, BISHOP,TERRY BROWN, CHANEY, COUSSAN, DEVILLIER, GUINN, MIGUEZ,MONTOUCET, WHITE, AND ZERINGUE
AN ACTTo amend and reenact R.S. 30:82, 84(A)(1), 86(B), (C), and (E)(1),
87(A), (E), and (F)(1), and 95(A) and to enact R.S. 30:83(F)(2),83.1, and 86(F), relative to the Oilfield Site Restoration Fund;to provide for definitions; to authorize the issuance of bonds forcertain purposes; to provide for the pledge and dedication of themonies deposited in the Oilfield Site Restoration Fund; toprovide for the duties and powers of the secretary of theDepartment of Natural Resources and the Oilfield SiteRestoration Commission; to provide for the liability of the state;to provide relative to the requirements and limitations forissuance of revenue bonds; to authorize the execution of certaindocuments; to provide for uses of the Oilfield Site RestorationFund; to provide for fees on crude petroleum and gas produced;to provide for the suspension and resumption of collecting fees;and to provide for related matters.
Reported without amendments.
HOUSE BILL NO. 858—BY REPRESENTATIVE MONTOUCET
AN ACTTo amend and reenact R.S. 33:2476(C) and 2536(C), relative to the
municipal fire and police civil service board; to provide relativeto the members of the board; to provide relative to theappointment of such members; to provide a judicial remedy forfailure to appoint such members; and to provide for relatedmatters.
Reported without amendments.
HOUSE BILL NO. 859—BY REPRESENTATIVE MONTOUCET
AN ACTTo amend and reenact R.S. 33:2554(B) and 2555(B)(3)(a), relative
to the municipal fire and police civil service; to provide relativeto the employees of the classified service; to provide relative tothe appointment and removal of such employees; and to providefor related matters.
Reported without amendments.
HOUSE BILL NO. 861—BY REPRESENTATIVE MONTOUCET
AN ACTTo amend and reenact R.S. 33:2473 and 2533, relative to the
municipal fire and police civil service; to provide relative todefined terms within the provisions governing the classifiedservice; to add the term "regular paid or regularly paid
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department" as a defined term; and to provide for relatedmatters.
Reported without amendments.
HOUSE BILL NO. 873—BY REPRESENTATIVE MONTOUCET
AN ACTTo amend and reenact R.S. 33:2503 and 2563, relative to the
municipal fire and police civil service; to provide relative to theofficers and employees of the classified service; to providerelative to the duties and responsibilities of such officers andemployees; and to provide for related matters.
Reported without amendments.
HOUSE BILL NO. 964—BY REPRESENTATIVE SMITH
AN ACTTo amend and reenact R.S. 17:436.3(C)(1), relative to care for
elementary and secondary school students with diabetes; toprovide relative to persons authorized to provide such care; andto provide for related matters.
Reported without amendments.
HOUSE BILL NO. 989—BY REPRESENTATIVE SHADOIN
AN ACTTo amend and reenact R.S. 17:3351(A)(5)(b)(i), relative to
nonresident tuition and fees at public postsecondary educationinstitutions; to remove limitations on the tuition and feeamounts; and to provide for related matters.
Reported without amendments.
HOUSE BILL NO. 1032—BY REPRESENTATIVE STEVE CARTER
AN ACTTo enact R.S. 33:9097.28, relative to East Baton Rouge Parish; to
create the Cypress Point Crime Prevention and ImprovementDistrict; to provide relative to the boundaries, purpose,governance, and powers and duties of the district; to providerelative to district funding, including the authority to impose aparcel fee, subject to voter approval, within the district; toprovide with respect to termination of the district; and to providefor related matters.
Reported without amendments.
HOUSE BILL NO. 1042—BY REPRESENTATIVE BAGLEY
AN ACTTo amend and reenact R.S. 33:2933(A)(1), (D), and (E) and to enact
R.S. 33:2933(A)(3), relative to electronic payments; to authorizecertain local and private entities to accept electronic paymentsfor local charges; to authorize such entities to assess a fee forprocessing such payments; to provide for definitions; and toprovide for related matters.
Reported without amendments.
HOUSE BILL NO. 1056—BY REPRESENTATIVE LEGER
AN ACTTo amend and reenact R.S. 33:130.865(9) and 130.866 and to enact
R.S. 33:130.865(10), relative to the New Orleans ExhibitionHall Authority Economic Growth and Development District; toprovide relative to the powers and duties of the district,including the authority to levy taxes and implement taxincrement financing; to authorize the district to createsubdistricts and to provide for their powers and duties; and toprovide for related matters.
Reported without amendments.
HOUSE BILL NO. 1059—BY REPRESENTATIVE DAVIS
AN ACTTo amend and reenact R.S. 40:1846(C) and 1851(A) and (F) and to
repeal R.S. 40:1851(B), (G), and (H), relative to the LouisianaLiquefied Petroleum Gas Commission; to authorize theLouisiana Liquefied Petroleum Gas Commission to print rulesand regulations of the commission on the commission's website;to provide that an assessment may be levied on holders of acertain class of permit holders; to provide relative tomembership of an advisory board to the Louisiana LiquefiedPetroleum Gas Commission; to repeal provisions of law relatingto elections and assessments; and to provide for related matters.
Reported without amendments.
HOUSE BILL NO. 1086—BY REPRESENTATIVE LANCE HARRIS
AN ACTTo amend and reenact R.S. 38:2212(A)(1), relative to the contract
limit for public works contracts let by certain municipalities; toauthorize certain municipalities to let contracts for public worksin accordance with state public bid law rather than a home rulecharter; and to provide for related matters.
Reported without amendments.
HOUSE BILL NO. 1087—BY REPRESENTATIVE GREGORY MILLER
AN ACTTo amend and reenact R.S. 38:101(C) and 103(B), relative to entities
responsible for the maintenance and operation of the hurricaneprotection system; relative to which entities may be called uponto cooperate and assist with certain hurricane protectionprojects; and to provide for related matters.
Reported without amendments.
HOUSE BILL NO. 1149— (Substitute for House Bill No. 682by Representative Leger)
BY REPRESENTATIVE LEGER AN ACT
To amend and reenact R.S. 38:330.1(C)(3) and (4), (D)(2), (E),(F)(1), and (H) and to enact R.S. 38:330.1(C)(5) and (D)(3) and330.2(A)(2)(c), relative to the Southeast Louisiana FloodProtection Authority-East and Southeast Louisiana FloodProtection Authority-West Bank; to provide relative to thenominating process for vacancies on the board of commissionersof the Southeast Louisiana Flood Protection Authority-East andthe Southeast Louisiana Flood Protection Authority-West Bank;to provide relative to the terms of members of the boards ofcommissioners of the Southeast Flood Louisiana ProtectionAuthority-East and the Southeast Louisiana Flood ProtectionAuthority-West Bank; to provide relative to the powers andduties of the board of commissioners of the Southeast LouisianaFlood Protection Authority-East and the Southeast LouisianaFlood Protection Authority-West Bank; and to provide forrelated matters.
Reported without amendments.
HOUSE BILL NO. 1150— (Substitute for House Bill No. 1122by Representative L. Harris)
BY REPRESENTATIVE LANCE HARRIS AN ACT
To amend and reenact R.S. 48:221(A)(2), relative to propertyacquired by the Department of Transportation andDevelopment; to provide relative to the method by which theDepartment of Transportation and Development disposes ofcertain property; and to provide for related matters.
Reported without amendments.
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HOUSE BILL NO. 1156— (Substitute for House Bill No. 392 byRepresentative Nancy Landry)
BY REPRESENTATIVE NANCY LANDRY AN ACT
To enact R.S. 17:418(C)(3)(d), relative to salaries for teachers andother school employees; to provide for the reduction of suchsalaries in certain circumstances; and to provide for relatedmatters.
Reported without amendments.
Respectfully submitted,DANIEL R. MARTINY
Chairman
Adoption of Legislative Bureau Report
On motion of Senator Martiny, the Bills and Joint Resolutionswere read by title and passed to a third reading.
Introduction of Senate Resolutions
Senator Morrish asked for and obtained a suspension of the rulesto read Senate Resolutions a first and second time.
SENATE RESOLUTION NO. 137—BY SENATOR MORRISH
A RESOLUTIONTo acknowledge with gratitude and commend Stonewell Serrett for
his lifelong dedication and service to the United States Navy andthe state of Louisiana.
On motion of Senator Morrish the resolution was read by titleand adopted.
SENATE RESOLUTION NO. 138—BY SENATOR JOHNS
A RESOLUTIONTo commend and congratulate Della Gary for sixty years of
dedicated service at the CITGO Lake Charles ManufacturingComplex.
On motion of Senator Johns the resolution was read by title andadopted.
SENATE RESOLUTION NO. 139—BY SENATOR JOHNS
A RESOLUTIONTo express the sincere condolences of the Senate of the Legislature
of Louisiana upon the death of Jack Edward Lawton Sr. on April11, 2016, at the age of eighty-seven.
On motion of Senator Johns the resolution was read by title andadopted.
SENATE RESOLUTION NO. 140—BY SENATOR JOHNS
A RESOLUTIONTo express the sincere condolences of the Senate of the Legislature
of Louisiana upon the death of Richard "Dick" Joseph Gregoryof Sulphur, Louisiana.
On motion of Senator Johns the resolution was read by title andadopted.
SENATE RESOLUTION NO. 141—BY SENATOR CARTER
A RESOLUTIONTo urge and request the Department of Public Safety and Corrections,
public safety services, to study and make recommendationsrelative to fees and payment methods available to students fordriver education courses.
The resolution was read by title and placed on the Calendar fora second reading.
SENATE RESOLUTION NO. 142—BY SENATOR CARTER
A RESOLUTIONTo urge and request the Louisiana State Law Institute to study and
make recommendations regarding the feasibility of revisions topresent laws to require physical custody of children to be sharedequally.
The resolution was read by title and placed on the Calendar fora second reading.
SENATE RESOLUTION NO. 143—BY SENATOR MORRELL
A RESOLUTIONTo urge and request the Marriage-Persons Committee of the
Louisiana State Law Institute to study, and the Louisiana StateLaw Institute to make, annual comprehensive and ongoingrecommendations to the Legislature regarding state law postObergefell v. Hodges, including but not limited torecommendations in the form of proposed legislation forrevisions to laws governing families, persons, communityproperty, successions, immovable property, the rights of thirdparties, procedure, and the stability and validity of transactions.
The resolution was read by title and placed on the Calendar fora second reading.
SENATE RESOLUTION NO. 144—BY SENATOR GARY SMITH
A RESOLUTIONTo urge and request the Louisiana State Police to study the feasibility
of regulating ignition interlock device companies.
The resolution was read by title and placed on the Calendar fora second reading.
SENATE RESOLUTION NO. 145—BY SENATORS ALARIO, CLAITOR AND COLOMB
A RESOLUTIONTo commend the Louisiana State University women's gymnastics
team on an outstanding 2016 season.
On motion of Senator Walsworth the resolution was read by titleand adopted.
SENATE RESOLUTION NO. 146—BY SENATOR WALSWORTH
A RESOLUTIONTo recognize Tuesday, May 24, 2016, as March of Dimes Day at the
Louisiana State Capitol.
On motion of Senator Walsworth the resolution was read by titleand adopted.
SENATE RESOLUTION NO. 147—BY SENATOR BOUDREAUX
A RESOLUTIONTo commend the Teurlings Catholic High School boys baseball team
of Lafayette, Louisiana, and to congratulate the Rebel playersand coaches on an outstanding 2015-2016 season and their firstplace finish in the Louisiana High School Athletic AssociationClass 4A state championship.
On motion of Senator Boudreaux the resolution was read by titleand adopted.
SENATE RESOLUTION NO. 148—BY SENATOR BOUDREAUX
A RESOLUTIONTo express the sincere condolences of the Senate of the Legislature
of Louisiana upon the death of Alvarez Hertzock Sr.
On motion of Senator Boudreaux the resolution was read by titleand adopted.
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SENATE RESOLUTION NO. 149—BY SENATOR THOMPSON
A RESOLUTIONTo express the sincere condolences of the Senate of the Legislature
of Louisiana upon the death of B. Lehman Williamson.
On motion of Senator Thompson the resolution was read by titleand adopted.
SENATE RESOLUTION NO. 150—BY SENATOR THOMPSON
A RESOLUTIONTo commend Summer Elgourani on winning first place in the 2016
ALS Association Essay contest.
On motion of Senator Thompson the resolution was read by titleand adopted.
Introduction ofSenate Concurrent Resolutions
Senator Milkovich asked for and obtained a suspension of therules to read Senate Concurrent Resolutions a first and second time.
SENATE CONCURRENT RESOLUTION NO. 123—BY SENATORS MILKOVICH AND LONG
A CONCURRENT RESOLUTIONTo commend John Mamoulides upon his induction into the Louisiana
Political Museum and Hall of Fame.
The concurrent resolution was read by title. Senator Milkovichmoved to adopt the Senate Concurrent Resolution.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey MorrishAllain Fannin PeacockAppel Hewitt PerryBarrow Johns RiserBishop LaFleur Smith, G.Boudreaux Lambert Smith, J.Brown Long TarverCarter Martiny ThompsonChabert Milkovich WalsworthClaitor Mills WardColomb Mizell WhiteCortez Morrell Total - 35
NAYS
Total - 0ABSENT
Donahue LuneauGatti Peterson Total - 4
The Chair declared the Senate adopted the Senate ConcurrentResolution and ordered it sent to the House.
SENATE CONCURRENT RESOLUTION NO. 124—BY SENATOR LONG
A CONCURRENT RESOLUTIONTo commend Anthony Thomas on being named to the 2016
Louisiana Sports Hall of Fame Induction Class.
The concurrent resolution was read by title. Senator Longmoved to adopt the Senate Concurrent Resolution.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey MorrishAllain Fannin PeacockAppel Hewitt PerryBarrow Johns RiserBishop LaFleur Smith, G.Boudreaux Lambert Smith, J.Brown Long TarverCarter Martiny ThompsonChabert Milkovich WalsworthClaitor Mills WardColomb Mizell WhiteCortez Morrell Total - 35
NAYS
Total - 0ABSENT
Donahue LuneauGatti Peterson Total - 4
The Chair declared the Senate adopted the Senate ConcurrentResolution and ordered it sent to the House.
SENATE CONCURRENT RESOLUTION NO. 125—BY SENATOR MORRELL
A CONCURRENT RESOLUTIONTo urge and request the Department of Economic Development to
notify the Legislature when a tax incentive certification of onemillion dollars or more is granted under any Department ofEconomic Development managed tax incentive program.
The resolution was read by title and placed on the Calendar fora second reading.
SENATE CONCURRENT RESOLUTION NO. 126—BY SENATOR COLOMB
A CONCURRENT RESOLUTIONTo commend the efforts of The Links, Incorporated, and to designate
Wednesday, May 25, 2016, as Louisiana Links Day at the statecapitol.
The concurrent resolution was read by title. Senator Colombmoved to adopt the Senate Concurrent Resolution.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Fannin PeacockAllain Hewitt PerryAppel Johns RiserBarrow LaFleur Smith, G.Bishop Lambert Smith, J.Boudreaux Long TarverBrown Martiny ThompsonCarter Milkovich WalsworthChabert Mills WardColomb Mizell WhiteCortez MorrellErdey Morrish Total - 34
NAYS
Total - 0
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Page 10 SENATE 39th DAY'S PROCEEDINGSMay 23, 2016
ABSENT
Claitor Gatti PetersonDonahue Luneau Total - 5
The Chair declared the Senate adopted the Senate ConcurrentResolution and ordered it sent to the House.
Message from the House
ASKING CONCURRENCE INHOUSE CONCURRENT RESOLUTIONS
May 23, 2016
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the House ofRepresentatives has finally passed and asks your concurrence in thefollowing House Concurrent Resolutions:
HCR No. 3 HCR No. 112 HCR No. 105
HCR No. 138
Respectfully submitted,ALFRED W. SPEER
Clerk of the House of Representatives
House Concurrent Resolutionson First Reading
HOUSE CONCURRENT RESOLUTION NO. 3—BY REPRESENTATIVE IVEY
A CONCURRENT RESOLUTIONTo direct the commissioner of administration to change the
expenditure limit for Fiscal Year 2016-2017.
The resolution was read by title and placed on the Calendar fora second reading.
HOUSE CONCURRENT RESOLUTION NO. 105—BY REPRESENTATIVE HAVARD
A CONCURRENT RESOLUTIONTo create the Special Permit Task Force to study and make
recommendations regarding special permits issued by theDepartment of Transportation and Development for oversize andoverweight truck movement on state highways.
The resolution was read by title and placed on the Calendar fora second reading.
HOUSE CONCURRENT RESOLUTION NO. 112—BY REPRESENTATIVE CARPENTER
A CONCURRENT RESOLUTIONTo urge and request the Capital Area Human Services District to
conduct a study of systems for providing appropriate mentalhealth and behavioral health treatment in the capital region as analternative to hospitalization or detention in jails or othercorrectional facilities of persons in mental health or behavioralhealth crisis, and to report findings of the study to the CapitalRegion Legislative Delegation and the legislative committees onhealth and welfare.
The resolution was read by title and placed on the Calendar fora second reading.
HOUSE CONCURRENT RESOLUTION NO. 138—BY REPRESENTATIVE BAGLEY
A CONCURRENT RESOLUTIONTo commend Logansport, Louisiana, and the Logansport Lions Club
for their Christmas fundraiser and Christmas Pageant Tour.
The resolution was read by title and placed on the Calendar fora second reading.
House Bills and Joint Resolutions onSecond Reading
HOUSE BILL NO. 987—BY REPRESENTATIVES MIKE JOHNSON, ABRAHAM, AMEDEE,BARRAS, BOUIE, BROADWATER, TERRY BROWN, CARMODY, ROBBYCARTER, STEVE CARTER, CONNICK, DEVILLIER, EDMONDS,EMERSON, FOIL, GUINN, HODGES, HOFFMANN, HORTON, IVEY,NANCY LANDRY, LEGER, LOPINTO, MACK, MCFARLAND, MIGUEZ,GREGORY MILLER, POPE, PYLANT, REYNOLDS, SEABAUGH, STOKES,WILLMOTT, AND ZERINGUE
AN ACTTo amend and reenact R.S. 44:4.1(B)(28) and to enact Part VII of
Chapter 15 of Title 42 of the Louisiana Revised Statutes of1950, to be comprised of R.S. 42:1231 through 1242, relative toqui tam actions; to prohibit false or fraudulent claims or false ormisleading statements in relation to obtaining state funds, stateproperty, use of state property, or other compensation from stategovernment; to provide for civil actions by the attorney generalor by other persons to recover funds; to provide for damages,fines, penalties, and interest; to provide for an awards programfor information on violations; to provide for protection forcertain persons against reprisals by certain persons; to providefor an exception to the laws relative to public records; to providea prescriptive period; to provide for an effective date; and toprovide for related matters.
The bill was read by title and referred by the President to theCommittee on Judiciary A.
HOUSE BILL NO. 1120—BY REPRESENTATIVE SCHRODER
AN ACTTo enact R.S. 47:1525, relative to the Department of Revenue; to
provide for the review and revision of the tax laws of the state;to establish the Louisiana Tax Institute; to provide for themembership, terms, powers, and duties of the Institute; toauthorize the Institute to assist in the reform and continuousrevision of the state's tax laws and policies; to provide for thesubmission of certain reports and recommendations; to providefor an effective date; and to provide for related matters.
The bill was read by title and referred by the President to theCommittee on Revenue and Fiscal Affairs.
HOUSE BILL NO. 1160— (Substitute for House Bill No. 921 byRepresentative Davis)
BY REPRESENTATIVES DAVIS, FRANKLIN, IVEY, NANCY LANDRY,JAY MORRIS, PIERRE, AND STOKES
AN ACTTo amend and reenact R.S. 17:3394.3(A)(4), relative to corporations
that support public postsecondary education; to provide relativeto capital projects undertaken by a nonprofit corporation onbehalf of the Board of Supervisors of Community and TechnicalColleges; to provide procedures for soliciting and evaluatingproposals from contractors; to provide that certain records of thecorporation be made available to the public; to requiremonitoring and status reports on projects; to provide relative tothe board of directors of such corporation; and to provide forrelated matters.
The bill was read by title and referred by the President to theCommittee on Revenue and Fiscal Affairs.
House Concurrent Resolutions onSecond Reading
HOUSE CONCURRENT RESOLUTION NO. 113—BY REPRESENTATIVE LEBAS AND SENATOR MILLS
A CONCURRENT RESOLUTIONTo establish the Louisiana Commission on Preventing Opioid Abuse
to study and make recommendations regarding both short-termand long-term measures that can be taken to tackle prescription
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opioid and heroin abuse and addiction in Louisiana, by using thebest practices and evidence-based strategies for its prevention,treatment, and enforcement.
The resolution was read by title and referred by the President tothe Committee on Health and Welfare.
Reports of Committees
The following reports of committees were received and read:
REPORT OF COMMITTEE ON
FINANCE
Senator Eric LaFleur, Chairman on behalf of the Committee onFinance, submitted the following report:
May 19, 2016
To the President and Members of the Senate:
I am directed by your Committee on Finance to submit thefollowing report:
HOUSE BILL NO. 431—BY REPRESENTATIVE CARMODY
AN ACTTo amend and reenact R.S. 45:1177(A)(2), relative to the Public
Service Commission; to increase certain quarterly fees withrespect to common and contract motor carriers and publicutilities; to provide for effectiveness; and to provide for relatedmatters.
Reported favorably.
Respectfully submitted,ERIC LAFLEUR
Chairman
REPORT OF COMMITTEE ON
FINANCE
Senator Eric LaFleur, Chairman on behalf of the Committee onFinance, submitted the following report:
May 20, 2016
To the President and Members of the Senate:
I am directed by your Committee on Finance to submit thefollowing report:
HOUSE BILL NO. 763—BY REPRESENTATIVES CARPENTER, COX, HUNTER, AND JACKSON
AN ACTTo enact R.S. 28:931 and 932, relative to healthcare services for
persons experiencing mental health or behavioral health crises;to authorize establishment of facilities to be known asintervention and stabilization units; to provide for powers ofhuman services districts and authorities with respect to suchfacilities; to provide for the geographic location of suchfacilities; to condition establishment of any such facility uponappropriation of funds; and to provide for related matters.
Reported with amendments.
Respectfully submitted,ERIC LAFLEUR
Chairman
REPORT OF COMMITTEE ON
FINANCE
Senator Eric LaFleur, Chairman on behalf of the Committee onFinance, submitted the following report:
May 23, 2016
To the President and Members of the Senate:
I am directed by your Committee on Finance to submit thefollowing report:
SENATE BILL NO. 325—BY SENATOR CLAITOR
AN ACTTo amend and reenact R.S. 13:992.1(A) and (C)(4), relative to the
Judicial Building Fund; to provide for the application of certaincourt costs and service charges in the Nineteenth JudicialDistrict; to provide for an effective date; and to provide forrelated matters.
Reported with amendments.
SENATE BILL NO. 407—BY SENATOR MILKOVICH
AN ACTTo enact R.S. 39:1567(B)(4) and (F), relative to certain contract
reporting requirements; to provide for reporting certain contractinformation on the Internet; to provide for the creation of theContract Services Joint Legislative Task Force; to provide forthe membership of the task force; to provide for the duties of thetask force; to provide for an effective date; and to provide forrelated matters.
Reported with amendments.
HOUSE BILL NO. 717—BY REPRESENTATIVE STOKES
AN ACTTo amend and reenact Section 2 of Act No. 198 of the 2014 Regular
Session of the Legislature and to enact R.S. 47:1608 and 1609,relative to the Department of Revenue; to provide for thefunding of the Department of Revenue; to provide for thedisposition of certain taxes, penalties, and interest collected bythe department; to provide for certain requirements andlimitations; to provide for certain interagency transfers; toprovide for an effective date; and to provide for related matters.
Reported favorably.
HOUSE BILL NO. 830—BY REPRESENTATIVE SEABAUGH
AN ACTTo amend and reenact R.S. 15:587.1(B)(1) and (C)(introductory
paragraph) and R.S. 17:407.42(B)(1)(a), relative to theDepartment of Education; to authorize the department to requestcriminal history information on certain personnel of earlylearning centers; to provide requirements relative to the stateBureau of Criminal Identification and Information upon thereceipt of such requests; to provide relative to fees; to providerelative to effectiveness; to provide relative to implementation;and to provide for related matters.
Reported favorably.
Respectfully submitted,ERIC LAFLEUR
Chairman
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Page 12 SENATE 39th DAY'S PROCEEDINGSMay 23, 2016
REPORT OF COMMITTEE ON
RETIREMENT
Senator Barrow Peacock, Chairman on behalf of the Committeeon Retirement, submitted the following report:
May 19, 2016
To the President and Members of the Senate:
I am directed by your Committee on Retirement to submit thefollowing report:
HOUSE CONCURRENT RESOLUTION NO. 12—BY REPRESENTATIVE FRANKLIN
A CONCURRENT RESOLUTIONTo memorialize the United States Congress to take such actions as
are necessary to review and consider eliminating provisions offederal law which reduce Social Security benefits for thosereceiving pension benefits from federal, state, or localgovernment retirement or pension systems, plans, or funds.
Reported favorably.
HOUSE BILL NO. 14—BY REPRESENTATIVE PEARSON
AN ACTTo amend and reenact R.S. 11:181(A)(introductory paragraph),
(B)(introductory paragraph), and (E), 511(1), 822(A)(5),1162(A)(2), 1302(A)(6) and (7), 1471(A) and (C), 1541,1651(B)(1), 1821(B)(5), 1981(B), 2091(B)(1),2173(A)(introductory paragraph), 2225(A)(2)(a), and2260(A)(2)(d) and to enact R.S. 11:2173(A)(7) and (8), relativeto boards of trustees of the state and statewide retirementsystems, plans, and funds; to authorize certain officers of thelegislature to be trustees on such boards; to authorizeappointment of designees; and to provide for related matters.
Reported favorably.
HOUSE BILL NO. 32—BY REPRESENTATIVES JONES, ARMES, BACALA, BAGLEY, BILLIOT,BOUIE, TERRY BROWN, CARPENTER, ROBBY CARTER, COX,FRANKLIN, GAINES, HALL, HAZEL, HILL, HOWARD, HUNTER,JACKSON, JAMES, JEFFERSON, JENKINS, ROBERT JOHNSON, TERRYLANDRY, MACK, MAGEE, MARCELLE, MCFARLAND, MIGUEZ,DUSTIN MILLER, MONTOUCET, MORENO, NORTON, PIERRE, POPE,PRICE, PYLANT, REYNOLDS, SEABAUGH, SHADOIN, SMITH,WILLMOTT, AND ZERINGUE
AN ACTTo enact R.S. 11:542.2, 883.4, 1145.3, and 1331.2, relative to state
retirement system experience accounts; to debit funds from suchaccounts to pay a benefit increase to certain retirees andbeneficiaries of state systems; to provide qualifications forreceipt of such payments; to provide relative to the amount ofsuch payments; and to provide for related matters.
Reported with amendments.
HOUSE BILL NO. 37—BY REPRESENTATIVE JONES
AN ACTTo amend and reenact R.S. 11:1821(B)(1), (2), (6), and (7), (C), and
(E) and 1842 and to enact R.S. 11:1823(A)(22), relative to theboard of trustees of the Municipal Employees' RetirementSystem; to grant certain trustees and their designees theauthority to vote; to provide relative to qualifications for serviceas an elected trustee; to provide for term duration; to provide forsubmission of reports to the legislature; to provide for trusteecompensation; to provide for expenditure of system funds; toprohibit trustees from accepting certain things of economicvalue; and to provide for related matters.
Reported with amendments.
HOUSE BILL NO. 39—BY REPRESENTATIVE PEARSON
AN ACTTo amend and reenact R.S. 11:2072(A) and (B)(1) and to enact R.S.
11:2072(C), relative to the maximum benefits for certainmembers of the Registrars of Voters Employees' RetirementSystem; and to provide for related matters.
Reported favorably.
HOUSE BILL NO. 53—BY REPRESENTATIVE FOIL
AN ACTTo amend and reenact R.S. 11:1938(F)(2), relative to Deferred
Retirement Option Plan accounts of members of the ParochialEmployees' Retirement System; to provide with respect to theinvestment of funds in such accounts; to provide with respect tothe rate of interest credited to such accounts; and to provide forrelated matters.
Reported favorably.
HOUSE BILL NO. 54—BY REPRESENTATIVE FOIL
AN ACTTo amend and reenact R.S. 11:42(B)(introductory paragraph) and (2),
relative to certain unfunded accrued liabilities of the Clerks ofCourt Retirement and Relief Fund; to provide with respect topayments on such debt; and to provide for related matters.
Reported with amendments.
HOUSE BILL NO. 60—BY REPRESENTATIVE MIGUEZ
AN ACTTo amend and reenact R.S. 11:710(A)(8) and to enact R.S.
11:710(A)(5)(d) and (9), relative to the reemployment of retireesof the Teachers' Retirement System of Louisiana in positionscovered by the system; to authorize the reemployment ofretirees as school nurses; to provide relative to earningsrestrictions on such reemployment; and to provide for relatedmatters.
Reported with amendments.
HOUSE BILL NO. 61—BY REPRESENTATIVE HOFFMANN
AN ACTTo amend and reenact R.S. 11:710(A)(3) and (4)(b) and (F), relative
to the reemployment of retirees of the Teachers' RetirementSystem of Louisiana in positions covered by the system; toauthorize the reemployment of school psychologists in criticalshortage areas; and to provide for related matters.
Reported with amendments.
HOUSE BILL NO. 907—BY REPRESENTATIVE LEBAS
AN ACTTo amend and reenact R.S. 11:710(B)(1)(b) and (D) and to enact R.S.
11:710(A)(9), relative to the reemployment of retirees of theTeachers' Retirement System of Louisiana; to provide relativeto the earnings limitation applicable to retirees who return towork as substitute classroom teachers under certaincircumstances; to provide a definition; to provide for reportingrequirements; and to provide for related matters.
Reported with amendments.
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39th DAY'S PROCEEDINGS Page 13 SENATEMay 23, 2016
HOUSE BILL NO. 1093—BY REPRESENTATIVE IVEY
AN ACTTo amend and reenact R.S. 24:513(C)(1), relative to reports made by
the legislative auditor regarding public retirement systems; toprovide relative to the content of such reports; and to provide forrelated matters.
Reported favorably.
Respectfully submitted,BARROW PEACOCK
Chairman
REPORT OF COMMITTEE ON
RETIREMENT
Senator Barrow Peacock, Chairman on behalf of the Committeeon Retirement, submitted the following report:
May 23, 2016
To the President and Members of the Senate:
I am directed by your Committee on Retirement to submit thefollowing report:
HOUSE BILL NO. 56—BY REPRESENTATIVE LEGER
AN ACTTo amend and reenact R.S. 11:3384(A)(2), (B)(2), and (D)(2) and
3386(B) and to enact R.S. 11:3384(A)(3), (B)(3), and (D)(3),relative to new members of the Firefighters' Pension and ReliefFund in the city of New Orleans; to provide relative toretirement eligibility and benefits for such members; to providerelative to benefits for beneficiaries and survivors of certainsuch members; and to provide for related matters.
Reported favorably.
HOUSE BILL NO. 57—BY REPRESENTATIVE LEGER
AN ACTTo amend and reenact R.S. 11:3363(B), relative to employee
contributions in the Fire Fighters' Pension and Relief Fund in thecity of New Orleans; to provide with respect to the regularityand amount of such contributions; to provide with respect toconsent to such deductions; to provide relative to theestablishment of an "employer pick-up" plan within the systemin accordance with Internal Revenue Code provisions; toprovide relative to the transfer of such contributions to thesystem; to provide relative to the powers and duties of the boardwith respect to such contributions; to provide relative to memberrights relative to such contributions; and to provide for relatedmatters.
Reported favorably.
HOUSE BILL NO. 58—BY REPRESENTATIVE LEGER
AN ACTTo amend and reenact R.S. 11:3385.1(D) and (H)(2), relative to the
Deferred Retirement Option Plan in the Firefighters' Pensionand Relief Fund in the city of New Orleans; to provide relativeto benefit options for members electing to participate in suchplan; to provide with respect to account funds and interestthereon; to provide with respect to administrative fees chargedto such accounts; and to provide for related matters.
Reported with amendments.
HOUSE BILL NO. 59—BY REPRESENTATIVE LEGER
AN ACTTo amend and reenact R.S. 11:3391, relative to conversion of leave
to retirement credit in the Firefighters' Pension and Relief Fundin the city of New Orleans; to authorize such conversion; toprovide with respect to the amount of credit received for suchconversion; to provide with respect to the election to convertsuch leave; and to provide for related matters.
Reported favorably.
Respectfully submitted,BARROW PEACOCK
Chairman
REPORT OF COMMITTEE ON
REVENUE AND FISCAL AFFAIRS
Senator Jean-Paul "JP" Morrell, Chairman on behalf of theCommittee on Revenue and Fiscal Affairs, submitted the followingreport:
May 19, 2016
To the President and Members of the Senate:
I am directed by your Committee on Revenue and Fiscal Affairsto submit the following report:
HOUSE CONCURRENT RESOLUTION NO. 54—BY REPRESENTATIVE STOKES AND SENATOR MORRELL
A CONCURRENT RESOLUTIONTo express the intent of the legislature regarding Act No. 451 of the
2015 Regular Session of the Legislature.
Reported favorably.
HOUSE BILL NO. 464—BY REPRESENTATIVE BISHOP
AN ACTTo amend and reenact R.S. 30:560(B) and (C) and 706 and to enact
R.S. 30:560(D), relative to pipelines; to provide relative topipeline safety inspection fees for certain pipelines; to providerelative to the amounts and imposition of such fees; and toprovide for related matters.
Reported favorably.
HOUSE BILL NO. 608—BY REPRESENTATIVE ADAMS
AN ACTTo amend and reenact R.S. 47:1838(1), relative to fees levied by the
Louisiana Tax Commission; to increase the rate of the fee forthe assessment of public service properties for a certain periodof time; to provide for an effective date; and to provide forrelated matters.
Reported favorably.
HOUSE BILL NO. 735—BY REPRESENTATIVE ABRAMSON
AN ACTTo amend and reenact R.S. 47:103(A), 287.614(A)(1),
287.651(A)(1), 609(A), and 1675(H)(1)(e) and (f) as enacted byAct No. 23 of the 2016 First Extraordinary Session of theLegislature, relative to income tax returns; to provide for thetime and place of filing of certain income tax returns; to providefor the deadline for the payment of certain taxes; to providerelative to the claiming of certain transferable tax credits in theTax Credit Registry; to provide for applicability; to provide foran effective date; and to provide for related matters.
Reported with amendments.
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Page 14 SENATE 39th DAY'S PROCEEDINGSMay 23, 2016
HOUSE BILL NO. 737—BY REPRESENTATIVE ABRAMSON
AN ACTTo amend and reenact R.S. 47:114(E), relative to the Department of
Revenue; to provide with respect to deductions andwithholdings by certain employers; to provide for thesubmission of certain returns to the department; to change thedeadline for the submission of certain returns; to provide forapplicability; to provide for an effective date; and to provide forrelated matters.
Reported with amendments.
HOUSE BILL NO. 738—BY REPRESENTATIVE ABRAMSON
AN ACTTo amend and reenact R.S. 45:1179, relative to the collection of
certain fees; to provide for supervision and enforcement of thecollection of certain inspection and supervision fees; to providefor an effective date; and to provide for related matters.
Reported favorably.
HOUSE BILL NO. 756—BY REPRESENTATIVE ABRAMSON
AN ACTTo enact R.S. 47:1520.2, relative to refunds from the Department of
Revenue; to require the electronic filing of certain refundclaims; to provide with respect to the authority of the secretary;to provide for certain requirements; to provide for certainexceptions; to provide for applicability; to provide for aneffective date; and to provide for related matters.
Reported favorably.
HOUSE BILL NO. 772—BY REPRESENTATIVE ABRAMSON
AN ACTTo amend and reenact R.S. 47:6351(B)(1), relative to rebate
programs administered by the state; to provide relative to theProcurement Processing Company Rebate program; and toprovide for related matters.
Reported with amendments.
HOUSE BILL NO. 784—BY REPRESENTATIVES ABRAMSON, BROADWATER, DAVIS,DEVILLIER, DWIGHT, HORTON, HUVAL, IVEY, JAY MORRIS, JIMMORRIS, AND THIBAUT
AN ACTTo amend and reenact R.S. 39:101(A)(1), 102(B), and 111 and to
enact R.S. 39:105, relative to capital outlay; to provide withrespect to the submission of the capital outlay budget; to providefor revisions; to provide relative to the contents of a capitaloutlay budget request; to require the resubmission ofapplications of certain capital outlay budget requests; to requirelocal match information in capital outlay budget requests; torequire certain information to be annually reported to the JointLegislative Committee on Capital Outlay; to provide for certainrequirements; and to provide for related matters.
Reported favorably.
HOUSE BILL NO. 900—BY REPRESENTATIVE LEOPOLD
AN ACTTo amend and reenact R.S. 30:2011(D)(22)(b) and (c) and (25),
2014(D)(4) and (5), 2195(B), 2351.59(C)(1)(a) and (b), (2), and(3), and to enact R.S. 30:2014(D)(6), relative to fees collectedby the Department of Environmental Quality; to authorize anincrease of fees paid to the Department of EnvironmentalQuality; to authorize an increase of fees paid for accreditationby commercial laboratories; to authorize and increase in feespaid for certain reviews of immovable property; to authorize afee for requesting a declaratory ruling; to authorize an increasefor underground storage tank fees; to authorize an increase in
fees deposited into the Lead Hazard Reduction Fund; and toprovide for related matters.
Reported favorably.
HOUSE BILL NO. 1060—BY REPRESENTATIVE STOKES
AN ACTTo amend and reenact R.S. 47:301.2(G), relative to the Sales Tax
Streamlining and Modernization Commission; to provide withrespect to sunset of the commission; and to provide for relatedmatters.
Reported favorably.
HOUSE BILL NO. 1103—BY REPRESENTATIVE STOKES
AN ACTTo amend and reenact R.S. 47:103(D), relative to the individual
income tax return; to provide the requirements for a request foran extension of time to file the return; and to provide for relatedmatters.
Reported favorably.
Respectfully submitted,DALE ERDEY
Vice Chair
Rules Suspended
Senator Chabert asked for and obtained a suspension of the rulesto recall Senate Bill No. 134 from the Committee on NaturalResources.
SENATE BILL NO. 134—BY SENATOR CHABERT
AN ACTTo amend and reenact R.S. 49:214.5.1, relative to the Coastal
Protection and Restoration Authority Board; to provide for itsmembership; and to provide for related matters.
On motion of Senator Chabert the bill was read by title andwithdrawn from the files of the Senate.
Rules Suspended
Senator John Smith asked for and obtained a suspension of therules to recommit a bill.
HOUSE BILL NO. 1165— (Substitute for House Bill No. 854 byRepresentative Huval)
BY REPRESENTATIVE HUVAL AN ACT
To enact R.S. 47:502.3, relative to motor vehicle insurance; toprovide for an exemption from registration and compulsorymotor vehicle security requirements for certain mobileconstruction equipment; and to provide for related matters.
Senator John Smith moved to recommit the bill from theCommittee on Insurance to the Committee on Transportation,Highways and Public Works.
Without objection, so ordered.
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39th DAY'S PROCEEDINGS Page 15 SENATEMay 23, 2016
Senate Bills and Joint ResolutionsReturned from the House of Representatives
with Amendments
SENATE BILL NO. 7—BY SENATOR PEACOCK
AN ACTTo amend and reenact R.S. 11:1137, relative to the Louisiana School
Employees' Retirement System; to provide relative torequirements for certain purchases of service credit; to providefor an effective date; and to provide for related matters.
The bill was read by title. Returned from the House ofRepresentatives with amendments:
HOUSE COMMITTEE AMENDMENTS
Amendments proposed by House Committee on Retirement toEngrossed Senate Bill No. 7 by Senator Peacock
AMENDMENT NO. 1On page 2, between lines 4 and 5, insert the following:
"Section 2. The additional actuarial cost of this Act, if any, notfunded by member payments required pursuant to Section 1 of thisAct shall be funded with increased employer contributions incompliance with Article X, Section 29(F) of the Constitution ofLouisiana."
AMENDMENT NO. 2On page 2, line 5, change "Section 2." to "Section 3."
Senator Peacock moved to concur in the amendments proposedby the House.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Fannin MorrishAllain Hewitt PeacockAppel Johns PerryBarrow LaFleur RiserBoudreaux Lambert Smith, J.Brown Long TarverCarter Martiny ThompsonClaitor Milkovich WalsworthColomb Mills WardCortez Mizell WhiteErdey Morrell Total - 32
NAYS
Total - 0ABSENT
Bishop Gatti Smith, G.Chabert LuneauDonahue Peterson Total - 7
The Chair declared the Senate concurred in the amendmentsproposed by the House.
SENATE BILL NO. 72—BY SENATORS PEACOCK, BARROW, BISHOP, CARTER ANDMORRELL
AN ACTTo enact Part VII of Chapter 9 of Title 23 of the Louisiana Revised
Statutes of 1950, to be comprised of R.S. 23:1001, relative toemployment of veterans; to provide for legislative intent; toauthorize certain private employers to provide preferences in
employment for certain veterans; to provide for policy; and toprovide for related matters.
The bill was read by title. Returned from the House ofRepresentatives with amendments:
HOUSE COMMITTEE AMENDMENTS
Amendments proposed by House Committee on Labor and IndustrialRelations to Engrossed Senate Bill No. 72 by Senator Peacock
AMENDMENT NO. 1On page 2, line 10, change "company" to "employer"
HOUSE FLOOR AMENDMENTS
Amendments proposed by Representative Cox to Engrossed SenateBill No. 72 by Senator Peacock
AMENDMENT NO. 1Delete Committee Amendment No. 1 by the House Committee onLabor and Industrial Relations (#3943).
AMENDMENT NO. 2On page 2, delete lines 10 through 12 and insert the following:
"C. An employer may voluntarily establish a policy whichgrants preference in hiring to a veteran or a certain familymember of a veteran pursuant to the provisions of this Part."
Senator Peacock moved to concur in the amendments proposedby the House.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Fannin MorrishAllain Gatti PeacockAppel Hewitt PerryBarrow Johns RiserBoudreaux LaFleur Smith, G.Brown Lambert Smith, J.Carter Long TarverChabert Martiny ThompsonClaitor Milkovich WalsworthColomb Mills WardCortez Mizell WhiteErdey Morrell Total - 35
NAYS
Total - 0ABSENT
Bishop LuneauDonahue Peterson Total - 4
The Chair declared the Senate concurred in the amendmentsproposed by the House.
SENATE BILL NO. 84—BY SENATOR GATTI
AN ACTTo amend and reenact R.S. 33:2504 (B) and (C) and 2564(B) and
(C), relative to civil service; to provide relative to civil serviceemployees; to provide for investigation of civil serviceemployee violations; to provide for a public hearing; and toprovide for related matters.
The bill was read by title. Returned from the House ofRepresentatives with amendments:
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Page 16 SENATE 39th DAY'S PROCEEDINGSMay 23, 2016
HOUSE FLOOR AMENDMENTS
Amendments proposed by Representative Berthelot to ReengrossedSenate Bill No. 84 by Senator Gatti
AMENDMENT NO. 1On page 1, line 2, after "amend and reenact" and before "R.S.33:2504(B)" insert "Subparagraphs (b) and (c) of Paragraph 34 ofArticle XIV, Section 15.1 of the Louisiana Constitution of 1921, and"
AMENDMENT NO. 2On page 1, line 2, after "relative to" and before "civil" insert"municipal fire and police"
AMENDMENT NO. 3On page 1, line 3, after "relative to" and before "employees;" delete"civil service" and insert "classified"
AMENDMENT NO. 4On page 1, line 4, after "of" and before "and to" delete "civil serviceemployee violations; to provide for a public hearing;" and insert "anysuch employee for prohibited political activities; to provide forpenalties;"
AMENDMENT NO. 5On page 1, between lines 6 and 7, insert the following:
"Section 1. Subparagraphs (b) and (c) of Paragraph 34 of ArticleXIV, Section 15.1 of the Louisiana Constitution of 1921 are herebyamended and reenacted to read as follows:§15.1. Fire and police civil service; municipalities of 13,000 to
250,000* * *
34. Political Activities Prohibited.* * *
b. The appointing authority shall discharge from the service anyemployee whom he deems guilty of violating any one or more of theprovisions of this Section. The board may, upon its own initiative,investigate any officer or employee in the classified service whom itreasonably believes guilty of violating any one or more of theprovisions of this Section. The board shall, within thirty days afterreceiving the written charges, hold a public hearing and investigationand determine whether such charges are true and correct. If the boardshould find upon its investigation of any employee that he hasviolated any of the foregoing provisions, the board shall order theappointing authority to forthwith discharge the guilty employee fromthe service and the appointing authority shall forthwith discharge theemployee. conduct an investigation of any person alleged to haveviolated a provision of this Paragraph, unless a request by theappointing authority is made to the board to conduct such aninvestigation. If as a result of such investigation the employee isdetermined to be guilty of violating one or more provisions of thisParagraph, he shall be suspended for thirty work days without pay fora first violation and discharged for a second violation. However, anyemployee found to have violated R.S. 33:2504(A)(4)(c) shall beterminated upon the determination of such a violation. The boardmay, upon its own initiative or upon the request of the appointingauthority, investigate any officer or employee in the classified servicewhom it reasonably believes guilty of violating any one or more ofthe provisions. Any citizen, taxpayer, municipal officer, or employeemay file with the board detailed charges in writing against anyemployee in the classified service for violating any provision of thisParagraph. The board shall, within thirty days after receiving thewritten charges, hold a public hearing and investigation anddetermine whether such charges are true and correct. If the boardfinds, upon its investigation, that an employee has violated anyprovision of this Paragraph, the board shall order the appointingauthority to suspend the employee without pay for thirty work daysfor a first violation and mandate educational training on prohibited
political activities. If the board determines an employee has violatedany provision of this Paragraph for a second time, the board shallorder the discharge of the employee from the service, and theappointing authority shall discharge the employee.
c. Whoever violates this Section is found to have violated aprovision of this Paragraph twice shall be subject to the penaltiesprovided in paragraph 37 R.S. 33:2507. In addition any employee inthe classified service who is discharged because of violating aforegoing provision of this Paragraph shall not again be eligible foremployment or public office in the classified service for a period ofsix years from the time of his discharge.
* * *"
AMENDMENT NO. 6On page 1, at the beginning of line 7, change "Section 1." to"Section 2."
AMENDMENT NO. 7On page 3, at the beginning of line 26, change "Section 2." to"Section 3."
AMENDMENT NO. 8On page 3, line 28, change "Section 1" to "Section 2"
AMENDMENT NO. 9On page 4, line 1, change "Section 1" to "Section 2"
Senator Gatti moved to concur in the amendments proposed bythe House.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey MizellAllain Fannin PerryAppel Gatti RiserBarrow Hewitt Smith, G.Boudreaux Johns Smith, J.Brown LaFleur TarverCarter Lambert ThompsonChabert Long WalsworthClaitor Martiny WardColomb Milkovich WhiteCortez Mills Total - 32
NAYS
Total - 0ABSENT
Bishop Morrell PetersonDonahue MorrishLuneau Peacock Total - 7
The Chair declared the Senate concurred in the amendmentsproposed by the House.
SENATE BILL NO. 222—BY SENATOR CLAITOR
AN ACTTo enact R.S. 44:4(51), relative to public records; to provide for the
application of the public records law; to provide exceptionsfrom the public records law for certain security issues; and toprovide for related matters.
The bill was read by title. Returned from the House ofRepresentatives with amendments:
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39th DAY'S PROCEEDINGS Page 17 SENATEMay 23, 2016
HOUSE COMMITTEE AMENDMENTS
Amendments proposed by House Committee on House andGovernmental Affairs to Reengrossed Senate Bill No. 222 by SenatorClaitor
AMENDMENT NO. 1On page 1, line 2, change "R.S. 44:4(51)," to "R.S. 44:4(51) and(52),"
AMENDMENT NO. 2On page 1, line 3, after "for certain" delete "security" and at thebeginning of line 4, delete "issues;" and insert "records of the StateLicensing Board for Contractors;"
AMENDMENT NO. 3On page 1, line 6, change "R.S. 44:4(51) is" to "R.S. 44:4(51) and(52) are"
AMENDMENT NO. 4On page 1, delete lines 10 through 17 and delete page 2, and insertthe following:
"(51) To any records, writings, accounts, recordings, letters,exhibits, pictures, drawings, charts, photographs, memoranda,reports, examinations, or evaluations, or copies thereof, in thecustody of the State Licensing Board for Contractors concerningthe fitness of any person to receive or continue to hold a licenseissued by the board. However, any such record may be releasedto the public in an administrative proceeding before the board,and any final determination made by the board relative to thefitness of any person to receive or to continue to hold a licenseissued by the board and any legal grounds upon which suchdetermination is based shall be a public record.
(52) To any portion of an examination administered or to beadministered by the State Licensing Board for Contractors, or toany answers for such an examination administered or to beadministered by the board. However, any person who has takenan examination administered by the board may inspect hisexamination."
Senator Claitor moved to concur in the amendments proposedby the House.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Fannin MorrishAllain Gatti PeacockAppel Hewitt PerryBarrow Johns RiserBoudreaux LaFleur Smith, G.Brown Lambert Smith, J.Carter Long TarverChabert Martiny ThompsonClaitor Milkovich WalsworthColomb Mills WardCortez Mizell WhiteErdey Morrell Total - 35
NAYS
Total - 0ABSENT
Bishop LuneauDonahue Peterson Total - 4
The Chair declared the Senate concurred in the amendmentsproposed by the House.
SENATE BILL NO. 309—BY SENATOR CLAITOR
AN ACTTo amend and reenact R.S. 37:3387.1(A) and 3387.2(A), relative to
supervision requirements for certain addictive disordercounselors in certain custodial environments; to provide that therequirement for supervision of certified addictive disordercounselors and registered addictive disorder counselors iswaived in certain custodial environments; and to provide forrelated matters.
The bill was read by title. Returned from the House ofRepresentatives with amendments:
HOUSE FLOOR AMENDMENTS
Amendments proposed by Representative James to Engrossed SenateBill No. 309 by Senator Claitor
AMENDMENT NO. 1On page 1, line 2, after "R.S. 37:3387.1(A)" and the comma ","delete "and 3387.2(A)"
AMENDMENT NO. 2On page 1, line 4, after "environments;" delete the remainder of thepage and delete line 5 in its entirety and at the beginning of line 6,delete "custodial environments;"
AMENDMENT NO. 3On page 1, line 8, after "R.S. 37:3387.1(A)" delete "and 3387.2(A)are" and insert in lieu thereof "is"
AMENDMENT NO. 4On page 2, after line 5, delete the remainder of the page
Senator Claitor moved to reject the amendments proposed by theHouse.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Fannin PeacockAllain Gatti PerryAppel Hewitt RiserBarrow Johns Smith, G.Boudreaux LaFleur Smith, J.Brown Lambert TarverCarter Long ThompsonChabert Martiny WalsworthClaitor Milkovich WardColomb Mills WhiteCortez MizellErdey Morrish Total - 34
NAYS
Total - 0ABSENT
Bishop Luneau PetersonDonahue Morrell Total - 5
The Chair declared the Senate rejected the amendmentsproposed by the House.
SENATE BILL NO. 334—BY SENATOR CLAITOR
AN ACTTo amend and reenact Code of Criminal Procedure Articles 413(B)
and 414(B), and to repeal Code of Criminal Procedure Articles412 and 414(C), relative to grand juries; to provide for jury
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venire and subpoena; to provide for impaneling of grand juries;to provide for time for impaneling grand juries; to provide forremoval of unconstitutional provisions; and to provide forrelated matters.
The bill was read by title. Returned from the House ofRepresentatives with amendments:
HOUSE COMMITTEE AMENDMENTS
Amendments proposed by House Committee on Administration ofCriminal Justice to Reengrossed Senate Bill No. 334 by SenatorClaitor
AMENDMENT NO. 1On page 1, line 3, after "repeal" and before "Code" insert "R.S.15:114 and"
AMENDMENT NO. 2On page 1, delete lines 4 through 6 in their entirety and insert thefollowing: "to provide relative to jury venire and subpoena; toprovide relative to the impaneling of grand juries; to provide relativeto the time for impaneling grand juries; to provide relative to grandjury rotation and selection; to remove certain provisions of law thatwere declared unconstitutional relative to grand juries in OrleansParish; and to provide for related matters."
AMENDMENT NO. 3On page 2, between lines 9 and 10, insert "Section 2. R.S. 15:114 ishereby repealed in its entirety."
AMENDMENT NO. 4On page 2, at the beginning of line 10, change "Section 2." to"Section 3."
Senator Claitor moved to concur in the amendments proposedby the House.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Fannin PeacockAllain Gatti PerryAppel Hewitt RiserBarrow Johns Smith, G.Boudreaux LaFleur Smith, J.Brown Lambert TarverCarter Long ThompsonChabert Martiny WalsworthClaitor Milkovich WardColomb Mills WhiteCortez MizellErdey Morrish Total - 34
NAYS
Total - 0ABSENT
Bishop Luneau PetersonDonahue Morrell Total - 5
The Chair declared the Senate concurred in the amendmentsproposed by the House.
SENATE BILL NO. 468— (Substitute of Senate Bill No. 191 bySenator Johns)
BY SENATOR JOHNS AN ACT
To amend and reenact R.S. 26:90(E) and 286(E), relative to holdersof alcohol retail dealer's permits for beverages of high alcoholiccontent; relative to holders of alcohol retail dealer's permits forbeverages of low alcoholic content; to provide for liveentertainment; to provide for age restrictions; and to provide forrelated matters.
The bill was read by title. Returned from the House ofRepresentatives with amendments:
HOUSE FLOOR AMENDMENTS
Amendments proposed by Representative Pierre to Engrossed SenateBill No. 468 by Senator Johns
AMENDMENT NO. 1On page 2, line 1, after "provisions of" and before "Subsection D"delete "Subparagraph (b)(1) of"
Senator Johns moved to concur in the amendments proposed bythe House.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Fannin MorrishAllain Gatti PeacockAppel Hewitt PerryBarrow Johns RiserBoudreaux LaFleur Smith, G.Brown Lambert Smith, J.Carter Long TarverChabert Martiny ThompsonClaitor Milkovich WalsworthCortez Mills WardErdey Mizell White Total - 33
NAYS
Total - 0ABSENT
Bishop Donahue MorrellColomb Luneau Peterson Total - 6
The Chair declared the Senate concurred in the amendmentsproposed by the House.
Senate Concurrent Resolutionsto be Adopted, Subject to Call
Called from the Calendar
Senator Chabert asked that Senate Concurrent Resolution No. 29be called from the Calendar.
SENATE CONCURRENT RESOLUTION NO. 29—BY SENATOR CHABERT
A CONCURRENT RESOLUTIONTo urge and request the Coastal Protection and Restoration Financing
Corporation to study and make recommendations on thefeasibility of employing financing techniques to convertsettlement payments received pursuant to the consent decreeentered into in the case "In re: Oil Spill by the Oil Rig'Deepwater Horizon' in the Gulf of Mexico, on April 20, 2010",
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39th DAY'S PROCEEDINGS Page 19 SENATEMay 23, 2016
into current assets to be deposited and credited to the CoastalProtection and Restoration Fund.
The concurrent resolution was read by title. Senator Chabertmoved to adopt the Senate Concurrent Resolution.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Fannin PeacockAllain Gatti PerryAppel Hewitt RiserBarrow Johns Smith, G.Boudreaux LaFleur Smith, J.Brown Lambert TarverCarter Long ThompsonChabert Martiny WalsworthClaitor Milkovich WardColomb Mills WhiteCortez MizellErdey Morrish Total - 34
NAYS
Total - 0ABSENT
Bishop Luneau PetersonDonahue Morrell Total - 5
The Chair declared the Senate adopted the Senate ConcurrentResolution and ordered it sent to the House.
House Concurrent Resolutionson Second Reading
Reported by Committees
HOUSE CONCURRENT RESOLUTION NO. 37—BY REPRESENTATIVE CONNICK
A CONCURRENT RESOLUTIONTo urge and request the Department of Economic Development to
develop and improve trade relations with Cuba, to conduct astudy analyzing economic opportunities relative to Cuba, and tomake a report of the findings of the study.
Reported favorably by the Committee on Commerce, ConsumerProtection, and International Affairs.
The resolution was read by title. Senator Thompson moved toconcur in the House Concurrent Resolution.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey MorrellAllain Fannin MorrishAppel Gatti PerryBarrow Hewitt RiserBishop Johns Smith, G.Boudreaux LaFleur Smith, J.Brown Lambert TarverCarter Long ThompsonChabert Martiny WardColomb Mills WhiteCortez Mizell Total - 32
NAYS
Claitor Total - 1
ABSENT
Donahue Milkovich PetersonLuneau Peacock Walsworth Total - 6
The Chair declared the Senate concurred in the HouseConcurrent Resolution and ordered it returned to the House.
HOUSE CONCURRENT RESOLUTION NO. 87—BY REPRESENTATIVES HOFFMANN, BAGLEY, COX, HORTON,JACKSON, AND POPE
A CONCURRENT RESOLUTIONTo urge and request the Department of Health and Hospitals to study
whether the effects of an abortion induced with drugs orchemicals can be reversed, and to report findings andrecommendations concerning this matter to the legislativecommittees on health and welfare.
Reported with amendments by the Committee on Health andWelfare.
SENATE COMMITTEE AMENDMENTS
Amendments proposed by Senate Committee on Health and Welfareto Engrossed House Concurrent Resolution No. 87 by RepresentativeHoffmann
AMENDMENT NO. 1On page 2, between lines 3 and 4, insert the following:"BE IT FURTHER RESOLVED that the Department of Health andHospitals shall convene a panel of experts in obstetrics andgynecology and pharmacology to provide guidance on this matter andaid them in their study to include the following members:
(1) The chair of the Department of Obstetrics and Gynecologyat Louisiana State University Health Sciences Center at Shreveport,or his designee.
(2) The chair of the Department of Obstetrics and Gynecologyat the Louisiana State University Health Sciences Center at NewOrleans, or his designee.
(3) The chair of the Department of Obstetrics and Gynecologyat Tulane University School of Medicine, or his designee.
(4) The dean of the College of Pharmacy at Xavier Universityof Louisiana, or his designee.
(5) The dean of the University of Louisiana at Monroe Schoolof Pharmacy, or his designee.
(6) The dean of the Southern University School of Nursing, orhis designee."
On motion of Senator Mills, the committee amendment wasadopted.
The resolution was read by title. Senator Mills moved to concurin the amended House Concurrent Resolution.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey MorrishAllain Fannin PeacockAppel Gatti PerryBarrow Hewitt RiserBishop Johns Smith, G.Boudreaux LaFleur Smith, J.Brown Lambert TarverCarter Long ThompsonChabert Martiny Walsworth
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Claitor Milkovich WardColomb Mills WhiteCortez Mizell Total - 35
NAYS
Total - 0ABSENT
Donahue MorrellLuneau Peterson Total - 4
The Chair declared the Senate had concurred in the amendedHouse Concurrent Resolution and ordered it returned to the House.
House Bills and Joint Resolutions onThird Reading and Final Passage
Bagneris Rule
Senator Thompson moved to invoke the rule to temporarily passover controversial House Bills on Third Reading and Final Passagewith the intention of taking them up later, in their regular order andto specifically start with House Bill No. 42.
Without objection, so ordered.
HOUSE BILL NO. 42—BY REPRESENTATIVES DWIGHT AND NORTON
AN ACTTo enact Code of Criminal Procedure Article 573.2, relative to time
limitations for initiating prosecutions; to provide relative to timelimitations in which to institute prosecution for the crime ofvideo voyeurism; and to provide for related matters.
The bill was read by title. Senator Johns moved the finalpassage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Fannin MorrishAllain Gatti PeacockAppel Hewitt PerryBarrow Johns RiserBishop LaFleur Smith, G.Boudreaux Lambert Smith, J.Brown Long TarverCarter Martiny ThompsonChabert Milkovich WalsworthColomb Mills WardCortez Mizell WhiteErdey Morrell Total - 35
NAYS
Claitor Total - 1
ABSENT
Donahue Luneau Peterson Total - 3
The Chair declared the bill was passed and ordered it returnedto the House. Senator Johns moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
HOUSE BILL NO. 68—BY REPRESENTATIVES BACALA AND BERTHELOT
AN ACTTo amend and reenact R.S. 9:2603(B)(4)(a), relative to electronic
signatures; to provide for the use of electronic signatures onpetitions for certain protective orders and restraining orders; andto provide for related matters.
Floor Amendments
Senator Lambert proposed the following amendments.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Lambert to Engrossed House BillNo. 68 by Representative Bacala
AMENDMENT NO. 1Delete the set of committee amendments proposed by the SenateCommittee on Judiciary A and adopted by the Senate on May 18,2016.
AMENDMENT NO. 2On page 1, line 2, after "(B)(4)(a)" insert "and R. S. 14:79(A)(1)(b)"
AMENDMENT NO. 3On page 1, delete lines 12 and 13 and insert "with the exception of atemporary restraining order issued pursuant to Domestic AbuseAssistance, R.S. 46:2131 et seq., or Protection from Dating ViolenceAct, R.S. 46: 2151."
AMENDMENT NO. 4On page 1, after line 14, insert
"Section 2. R.S. 14:79(A)(1)(b) is hereby amended andreenacted to read as follows:§79. Violation of protective orders
A.(1)(a) * * *
(b) A defendant may also be deemed to have been properlyserved if tendered a certified copy of a temporary restraining orderor ex parte protective order, or if tendered a faxed or electronic copyof a temporary restraining order or ex parte protective order receiveddirectly from the issuing magistrate, commissioner, hearing officer,judge or court, by any law enforcement officer who has been calledto any scene where the named defendant is present. Such service ofa previously issued temporary restraining order or ex parte protectiveorder if noted in the police report shall be deemed sufficient evidenceof service of process and admissible in any civil or criminalproceedings.
* * *"
On motion of Senator Lambert, the amendments were adopted.
The bill was read by title. Senator Lambert moved the finalpassage of the amended bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey MorrellAllain Fannin MorrishAppel Gatti PeacockBarrow Hewitt PerryBishop Johns RiserBoudreaux LaFleur Smith, G.Brown Lambert Smith, J.Carter Long TarverChabert Martiny ThompsonClaitor Milkovich Walsworth
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39th DAY'S PROCEEDINGS Page 21 SENATEMay 23, 2016
Colomb Mills WardCortez Mizell White Total - 36
NAYS
Total - 0ABSENT
Donahue Luneau Peterson Total - 3
The Chair declared the amended bill was passed and ordered itreturned to the House. Senator Lambert moved to reconsider the voteby which the bill was passed and laid the motion on the table.
HOUSE BILL NO. 141—BY REPRESENTATIVE LEGER
AN ACTTo amend and reenact R.S. 24:521(A), (C), and (D), relative to
actuarial notes; to require certain content in an actuarial note; toprovide relative to certain legislative procedures regardingobtaining actuarial notes; and to provide for related matters.
The bill was read by title. Senator Carter moved the finalpassage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey MorrishAllain Fannin PeacockAppel Gatti PerryBarrow Hewitt RiserBishop Johns Smith, G.Boudreaux LaFleur Smith, J.Brown Lambert TarverCarter Long ThompsonChabert Martiny WalsworthClaitor Mills WardColomb Mizell WhiteCortez Morrell Total - 35
NAYS
Milkovich Total - 1
ABSENT
Donahue Luneau Peterson Total - 3
The Chair declared the bill was passed and ordered it returnedto the House. Senator Carter moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
HOUSE BILL NO. 145—BY REPRESENTATIVES MORENO AND EDMONDS
AN ACTTo enact R.S. 23:291.1, relative to the employment of certain
persons; to provide for the issuance of a permanent and atemporary certificate of employability under certain conditions;to provide for revocation of certificates of employability; toprohibit certain causes of action under certain circumstances; toprovide for applicability to certain forms of liability; and toprovide for related matters.
The bill was read by title. Senator Carter moved the finalpassage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Fannin PeacockAllain Gatti PerryAppel Hewitt RiserBarrow Johns Smith, G.Boudreaux LaFleur Smith, J.Brown Lambert TarverCarter Long ThompsonChabert Martiny WalsworthClaitor Milkovich WardColomb Mills WhiteCortez MizellErdey Morrish Total - 34
NAYS
Total - 0ABSENT
Bishop Luneau PetersonDonahue Morrell Total - 5
The Chair declared the bill was passed and ordered it returnedto the House. Senator Carter moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
HOUSE BILL NO. 150—BY REPRESENTATIVE TALBOT
AN ACTTo amend and reenact R.S. 9:133 and to enact Civil Code Article
1493.1, relative to forced heirship; to provide relative tochildren conceived through gamete donation; to provide relativeto inheritance rights; to provide for exceptions; and to providefor related matters.
The bill was read by title. Senator Gatti moved the final passageof the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey MorrishAllain Fannin PeacockAppel Gatti PerryBarrow Hewitt RiserBishop Johns Smith, G.Boudreaux LaFleur Smith, J.Brown Lambert TarverCarter Long ThompsonChabert Martiny WalsworthClaitor Mills WardColomb Mizell WhiteCortez Morrell Total - 35
NAYS
Total - 0ABSENT
Donahue MilkovichLuneau Peterson Total - 4
987
Page 22 SENATE 39th DAY'S PROCEEDINGSMay 23, 2016
The Chair declared the bill was passed and ordered it returnedto the House. Senator Gatti moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
HOUSE BILL NO. 182—BY REPRESENTATIVE FOIL
AN ACTTo amend and reenact R.S. 14:93.12(B)(1) and (2), relative to the
unlawful possession of alcoholic beverages; to remove thepossibility of jail time as a penalty for violations; to providerelative to the criminal history record of a person issued acitation for the unlawful possession of alcoholic beverages; andto provide for related matters.
The bill was read by title. Senator Claitor moved the finalpassage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Cortez MizellAllain Erdey MorrishAppel Fannin PeacockBarrow Gatti PerryBishop Hewitt RiserBoudreaux Johns Smith, G.Brown LaFleur Smith, J.Carter Lambert TarverChabert Long ThompsonClaitor Martiny WardColomb Mills White Total - 33
NAYS
Milkovich Total - 1
ABSENT
Donahue Morrell WalsworthLuneau Peterson Total - 5
The Chair declared the bill was passed and ordered it returnedto the House. Senator Claitor moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
HOUSE BILL NO. 197—BY REPRESENTATIVE PYLANT
AN ACTTo enact R.S. 14:91.15, relative to offenses affecting health of
minors; to create the crime of unlawful operation of anunlicensed child day care center; to provide definitions; toprovide criminal penalties; and to provide for related matters.
The bill was read by title. Senator Riser moved the final passageof the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey MorrellAllain Fannin MorrishAppel Gatti PeacockBarrow Hewitt PerryBishop Johns RiserBoudreaux LaFleur Smith, G.Brown Lambert Smith, J.Carter Long Tarver
Chabert Martiny ThompsonClaitor Milkovich WalsworthColomb Mills WardCortez Mizell White Total - 36
NAYS
Total - 0ABSENT
Donahue Luneau Peterson Total - 3
The Chair declared the bill was passed and ordered it returnedto the House. Senator Riser moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
HOUSE BILL NO. 209—BY REPRESENTATIVE CHAD BROWN
AN ACTTo repeal R.S. 37:1977, relative to scrap metal recyclers; to remove
the applicable sunset provision.
The bill was read by title. Senator Martiny moved the finalpassage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey PeacockAllain Fannin PerryAppel Gatti RiserBarrow Hewitt Smith, G.Bishop Johns Smith, J.Boudreaux LaFleur TarverBrown Lambert ThompsonCarter Long WalsworthChabert Martiny WardClaitor Milkovich WhiteColomb MillsCortez Morrish Total - 34
NAYS
Total - 0ABSENT
Donahue Mizell PetersonLuneau Morrell Total - 5
The Chair declared the bill was passed and ordered it returnedto the House. Senator Martiny moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
HOUSE BILL NO. 232—BY REPRESENTATIVE STOKES
AN ACTTo amend and reenact R.S. 40:1169.5, relative to limitation of
liability for parties involved in the care of certain terminally illpatients; to add limitation of liability provisions to the Right ToTry Act; to provide for construction of certain provisions of theRight To Try Act relative to causes of action; and to provide forrelated matters.
The bill was read by title. Senator Mills moved the finalpassage of the bill.
988
39th DAY'S PROCEEDINGS Page 23 SENATEMay 23, 2016
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Fannin PeacockAllain Gatti PerryAppel Hewitt RiserBarrow Johns Smith, G.Bishop LaFleur Smith, J.Boudreaux Lambert TarverBrown Long ThompsonCarter Martiny WalsworthChabert Mills WardColomb Mizell WhiteCortez MorrellErdey Morrish Total - 34
NAYS
Claitor Milkovich Total - 2
ABSENT
Donahue Luneau Peterson Total - 3
The Chair declared the bill was passed and ordered it returnedto the House. Senator Mills moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
HOUSE BILL NO. 292—BY REPRESENTATIVE HALL
AN ACTTo enact Chapter 6-A of Title 8 of the Louisiana Revised Statutes of
1950, to be comprised of R.S. 8:411 through 418, relative toabandoned cemeteries; to provide for definitions; to provide foran abandoned cemetery sales and management licenseapplication procedure; to provide for fees; to authorizelicensees; to regulate the operation of abandoned cemeteries; toenumerate certain powers of the Louisiana Cemetery Board; toregulate the use of prison labor; to provide for limited liability;to provide for inadvertent discovery of unknown graves; toprovide for effectiveness; and to provide for related matters.
The bill was read by title. Senator Peacock moved the finalpassage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Fannin PeacockAllain Gatti PerryAppel Hewitt RiserBarrow Johns Smith, G.Bishop LaFleur Smith, J.Boudreaux Lambert TarverBrown Long ThompsonCarter Martiny WalsworthClaitor Milkovich WardColomb Mills WhiteCortez MizellErdey Morrish Total - 34
NAYS
Total - 0
ABSENT
Chabert Luneau PetersonDonahue Morrell Total - 5
The Chair declared the bill was passed and ordered it returnedto the House. Senator Peacock moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
HOUSE BILL NO. 398—BY REPRESENTATIVE MORENO
AN ACTTo amend and reenact Code of Evidence Articles
404(A)(introductory paragraph) and 412.1 and to enact Code ofEvidence Article 412(G), relative to the admissibility of certainevidence; to extend to civil proceedings the prohibition onadmissibility of certain evidence of victim conduct or behavior;and to provide for related matters.
The bill was read by title. Senator Morrell moved the finalpassage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey MorrellAllain Fannin MorrishAppel Gatti PeacockBarrow Hewitt PerryBishop Johns RiserBoudreaux LaFleur Smith, G.Brown Lambert Smith, J.Carter Long TarverChabert Martiny ThompsonClaitor Milkovich WalsworthColomb Mills WardCortez Mizell White Total - 36
NAYS
Total - 0ABSENT
Donahue Luneau Peterson Total - 3
The Chair declared the bill was passed and ordered it returnedto the House. Senator Morrell moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
HOUSE BILL NO. 470—BY REPRESENTATIVE DANAHAY
AN ACTTo amend and reenact R.S. 18:55(A)(4)(b) and to enact R.S.
18:24(A)(6), relative to registrars of voters; to provide relativeto merit evaluations of a registrar; to provide relative to appealsof such evaluations; to provide relative to the duties andauthority of the State Board of Election Supervisors; and toprovide for related matters.
The bill was read by title. Senator Johns moved the finalpassage of the bill.
989
Page 24 SENATE 39th DAY'S PROCEEDINGSMay 23, 2016
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey MorrellAllain Fannin MorrishAppel Gatti PeacockBarrow Hewitt PerryBishop Johns RiserBoudreaux LaFleur Smith, G.Brown Lambert Smith, J.Carter Long TarverChabert Martiny ThompsonClaitor Milkovich WalsworthColomb Mills WardCortez Mizell White Total - 36
NAYS
Total - 0ABSENT
Donahue Luneau Peterson Total - 3
The Chair declared the bill was passed and ordered it returnedto the House. Senator Johns moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
HOUSE BILL NO. 556—BY REPRESENTATIVE MORENO
AN ACTTo amend and reenact Civil Code Article 3493.10 and to enact Civil
Code Article 3496.2, relative to liberative prescription; toprovide for prescription relative to crimes of rape; and toprovide for related matters.
Floor Amendments
Senator Gatti proposed the following amendments.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Gatti to Engrossed House Bill No.556 by Representative Moreno
AMENDMENT NO. 1On page 1, line 4, delete "rape" and insert "sexual assault"
AMENDMENT NO. 2On page 1, line 15, delete "rape" and insert "sexual assault"
AMENDMENT NO. 3On page 1, line 16, after "act of" delete the remainder of the line anddelete lines 17 and 18 and insert "sexual assault, as defined in R.S.46:2184, is subject to a liberative prescription of three years. Thisprescription commences to run from the day the injury or damage issustained or the day the victim is notified of the identity of theoffender by law enforcement or a judicial agency, whichever is later.This"
On motion of Senator Gatti, the amendments were adopted.
The bill was read by title. Senator Gatti moved the final passageof the amended bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Fannin MorrishAllain Gatti PeacockAppel Hewitt PerryBarrow Johns RiserBishop LaFleur Smith, G.Boudreaux Lambert Smith, J.Brown Long TarverCarter Martiny ThompsonClaitor Milkovich WalsworthColomb Mills WardCortez Mizell WhiteErdey Morrell Total - 35
NAYS
Total - 0ABSENT
Chabert LuneauDonahue Peterson Total - 4
The Chair declared the amended bill was passed and ordered itreturned to the House. Senator Gatti moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
HOUSE BILL NO. 590—BY REPRESENTATIVE LEOPOLD
AN ACTTo enact Code of Evidence Article 412.4, relative evidence of prior
acts in domestic abuse cases; to provide that previous acts maybe admissible as long as the probative value of the evidenceoutweighs any prejudicial effect it may have on the case; and toprovide for related matters.
The bill was read by title. Senator Carter moved the finalpassage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Fannin MorrishAllain Gatti PeacockAppel Hewitt PerryBarrow Johns RiserBishop LaFleur Smith, G.Boudreaux Lambert Smith, J.Brown Long TarverCarter Martiny ThompsonClaitor Milkovich WalsworthColomb Mills WardCortez Mizell WhiteErdey Morrell Total - 35
NAYS
Total - 0ABSENT
Chabert LuneauDonahue Peterson Total - 4
990
39th DAY'S PROCEEDINGS Page 25 SENATEMay 23, 2016
The Chair declared the bill was passed and ordered it returnedto the House. Senator Carter moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
HOUSE BILL NO. 593—BY REPRESENTATIVE DANAHAY
AN ACTTo amend and reenact R.S. 18:51(A), (B), and (C)(1) and to enact
R.S. 18:51.1, relative to registrars of voters; to provide relativeto the manner of appointment of the registrar of voters; torequire notice; to provide for the form of the notice; to providerelative to the powers, duties, and responsibilities of the parishgoverning authority relative to the appointment of the registrarof voters; and to provide for related matters.
The bill was read by title. Senator Johns moved the finalpassage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey MorrellAllain Fannin MorrishAppel Gatti PeacockBarrow Hewitt PerryBishop Johns RiserBoudreaux LaFleur Smith, G.Brown Lambert TarverCarter Long ThompsonChabert Martiny WalsworthClaitor Milkovich WardColomb Mills WhiteCortez Mizell Total - 35
NAYS
Total - 0ABSENT
Donahue PetersonLuneau Smith, J. Total - 4
The Chair declared the bill was passed and ordered it returnedto the House. Senator Johns moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
HOUSE BILL NO. 709—BY REPRESENTATIVE HUNTER
AN ACTTo enact R.S. 35:396, relative to ex officio notaries for the
Department of Insurance; to authorize certain persons to appointex officio notaries for the Department of Insurance; to providefor the duties and functions of the ex officio notary; to providefor limitations and termination of the ex officio notary; and toprovide for related matters.
The bill was read by title. Senator Bishop moved the finalpassage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey PeacockAllain Fannin PerryAppel Gatti RiserBarrow Hewitt Smith, G.Bishop Johns Smith, J.
Boudreaux LaFleur TarverBrown Lambert ThompsonCarter Long WalsworthChabert Martiny WardClaitor Mills WhiteColomb MizellCortez Morrish Total - 34
NAYS
Total - 0ABSENT
Donahue Milkovich PetersonLuneau Morrell Total - 5
The Chair declared the bill was passed and ordered it returnedto the House. Senator Bishop moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
HOUSE BILL NO. 856—BY REPRESENTATIVE HUVAL
AN ACTTo enact R.S. 9:2800.23, relative to the granting of a voluntary right
of passage to enclosed cemeteries; to provide a limitation ofliability for granting a voluntary right of passage; to provide forexceptions; to provide for revocability; to provide definitions;and to provide for related matters.
The bill was read by title. Senator Cortez moved the finalpassage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey MorrellAllain Fannin MorrishAppel Gatti PeacockBarrow Hewitt PerryBishop Johns RiserBoudreaux LaFleur Smith, G.Brown Lambert Smith, J.Carter Long TarverChabert Martiny ThompsonClaitor Milkovich WalsworthColomb Mills WardCortez Mizell White Total - 36
NAYS
Total - 0ABSENT
Donahue Luneau Peterson Total - 3
The Chair declared the bill was passed and ordered it returnedto the House. Senator Cortez moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
HOUSE BILL NO. 870—BY REPRESENTATIVE STOKES
AN ACTTo amend and reenact R.S. 37:73(introductory paragraph), (1)(a)(ii)
through (iv) and (b), (3) and (6) through (17), 74(D), (E)(4), (F),(G)(2) and (J)(introductory paragraph), 74.1, 75(A), (C), (D)and (G), 76(D), (F), and (G)(5), 77(A), (B), (C)(2)(b), (3) and(4), and (D) through (H), 77.1(A)(introductory paragraph), (1)and (2) and (B), 79(A)(introductory paragraph) and (3) and (4),(B)(3) and (C), 83(A) and (K)(2) and (3), 84(B), 85, 86(C), and91(B), and to enact R.S. 37:73(18) and (19), 79(B)(5), 87(D),
991
Page 26 SENATE 39th DAY'S PROCEEDINGSMay 23, 2016
and 94(A)(4), and to repeal R.S. 37:77(I), relative to revisionsof the Louisiana Accountancy Act; to provide for definitions; toclarify and further define existing definitions; to increasecompensation of board officers not to exceed a certain dollaramount; to retain the board's authorization to provide for fees byrule; to provide with respect to the age requirement of applicantsfor licensing; to remove certain provisions with respect to anapplicant's eligibility for examination; to provide with respect tocertain education requirements and the time frame forcompletion; to provide certain requirements for a retiredlicensee; to modify provisions with respect to the performanceof attest services in this state; to require good moral character ofnonlicensee owners of firms; to clarify the requirement for firmsproviding attest services to be enrolled in a board-approved peerreview program; to approve certain permanent inspectionprocesses of peer review programs; to provide with respect tothe operation of firms; to modify the time frame that a firm mayoperate following the death of the firm's sole owner; to authorizethe board to require licensees and certain persons to submitwork products for certain review; to provide for revisions withrespect to the preparation of financial statement engagements;to remove provisions requiring licensees to provide certainwritten disclosure to clients with respect to received commissionand referral fees; to provide relative to fines and fees; toincrease fines for licensees and certain persons with respect tocertain willful violations; to provide with respect to a licensee'sworking papers and client records; to provide privity of contractwith respect to the preparation of financial statementengagements; to require certain individuals to perform attestservices through firms meeting certain state requirements; toprovide for other clarification; to provide for technicalcorrections; and to provide for related matters.
Floor Amendments
Senator Martiny sent up floor amendments.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Martiny to Reengrossed HouseBill No. 870 by Representative Stokes
AMENDMENT NO. 1On page 25, line 19, delete "(1)"
AMENDMENT NO. 2On page 25, lines 26 and 27, delete ". In addition to the provisions setforth in this Paragraph, either of the following conditions shallapply:" and insert "and at least one of the following conditionsapply:"
AMENDMENT NO. 3On page 26, line 1, delete "(2)" and insert "(1)"
AMENDMENT NO. 4On page 26, line 8, delete "(3)" and insert "(2)"
On motion of Senator Martiny, the amendments were adopted.
The bill was read by title. Senator Martiny moved the finalpassage of the amended bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey PeacockAllain Fannin PerryAppel Gatti RiserBarrow Hewitt Smith, G.Bishop Johns Smith, J.Boudreaux LaFleur Tarver
Brown Lambert ThompsonCarter Long WalsworthChabert Martiny WardClaitor Mills WhiteColomb MizellCortez Morrish Total - 34
NAYS
Total - 0ABSENT
Donahue Milkovich PetersonLuneau Morrell Total - 5
The Chair declared the amended bill was passed and ordered itreturned to the House. Senator Martiny moved to reconsider the voteby which the bill was passed and laid the motion on the table.
HOUSE BILL NO. 876—BY REPRESENTATIVE LEGER
AN ACTTo amend and reenact R.S. 9:3402(B), R.S. 12:1-120(D) and (J) and
1701(A), (C), and (D) and to enact R.S. 9:3402(D), R.S. 12:1-120(M), R.S. 45:1364.1, and R.S. 51:195, relative tocommercial filings submitted to the secretary of state; to providewith respect to definitions; to provide for online filings andrelated requirements; to provide for the applicability of onlinefiling provisions to certain required commercial filings asprovided in certain areas of the law; to remove provisionsrelative to digital signatures and in-person filing requirements;and to provide for related matters.
The bill was read by title. Senator Martiny moved the finalpassage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Gatti PeacockAllain Hewitt PerryBishop Johns Smith, G.Boudreaux LaFleur Smith, J.Brown Lambert TarverCarter Long ThompsonChabert Martiny WardColomb Mills WhiteCortez MorrellErdey Morrish Total - 28
NAYS
Claitor Milkovich RiserFannin Mizell Walsworth Total - 6
ABSENT
Appel Donahue PetersonBarrow Luneau Total - 5
The Chair declared the bill was passed and ordered it returnedto the House. Senator Martiny moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
HOUSE BILL NO. 915—BY REPRESENTATIVE HUVAL
AN ACTTo amend and reenact R.S. 22:2313(A), relative to the sale of
policies issued by Louisiana Citizens Property InsuranceCorporation through its FAIR and Coastal Plans; to limit the
992
39th DAY'S PROCEEDINGS Page 27 SENATEMay 23, 2016
sale of such policies to resident licensed producers; and toprovide for related matters.
The bill was read by title. Senator Erdey moved the finalpassage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey MorrishAllain Fannin PeacockAppel Gatti PerryBarrow Hewitt RiserBishop Johns Smith, G.Boudreaux LaFleur Smith, J.Brown Lambert TarverCarter Long ThompsonChabert Martiny WalsworthClaitor Milkovich WardColomb Mills WhiteCortez Mizell Total - 35
NAYS
Total - 0ABSENT
Donahue MorrellLuneau Peterson Total - 4
The Chair declared the bill was passed and ordered it returnedto the House. Senator Erdey moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
HOUSE BILL NO. 935—BY REPRESENTATIVE HOLLIS
AN ACTTo enact R.S. 22:41.1, relative to insurer notification to policyholders
to require notice to be given under certain circumstances; toprovide for the imposition of penalties by the commissioner ofinsurance; and to provide for related matters.
Floor Amendments
Senator Morrish proposed the following amendments.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Morrish to Reengrossed HouseBill No. 935 by Representative Hollis
AMENDMENT NO. 1On page 1, line 8, after "provision of law," and before "insurers"insert "admitted"
On motion of Senator Morrish, the amendments were adopted.
The bill was read by title. Senator Johns moved the finalpassage of the amended bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey MorrellAllain Fannin MorrishAppel Gatti PeacockBarrow Hewitt Perry
Bishop Johns RiserBoudreaux LaFleur Smith, G.Brown Lambert Smith, J.Carter Long TarverChabert Martiny ThompsonClaitor Milkovich WalsworthColomb Mills WardCortez Mizell White Total - 36
NAYS
Total - 0ABSENT
Donahue Luneau Peterson Total - 3
The Chair declared the amended bill was passed and ordered itreturned to the House. Senator Johns moved to reconsider the voteby which the bill was passed and laid the motion on the table.
HOUSE BILL NO. 994—BY REPRESENTATIVE PYLANT
AN ACTTo amend and reenact R.S. 39:1800.4(A) and (F) and to enact R.S.
15:834.2, relative to correctional facilities; to provide withrespect to expansions of and contracts for additional housing ofindividuals in the custody of the state; to require plans for theexpansion of state housing; to provide requirements forcontracts for housing by local governmental or privatecontractors; to require the submission of certain plans and otherinformation for legislative approval; to provide for an effectivedate; and to provide for related matters.
Floor Amendments
Senator Riser proposed the following amendments.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Riser to Reengrossed House BillNo. 994 by Representative Pylant
AMENDMENT NO. 1On page 2, between lines 19 and 20, insert the following:
"C. The provisions of this Section shall not apply in WestCarroll Parish."
On motion of Senator Riser, the amendments were adopted.
The bill was read by title. Senator Riser moved the finalpassage of the amended bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey MorrellAllain Fannin PeacockAppel Gatti PerryBarrow Hewitt RiserBishop Johns Smith, G.Boudreaux LaFleur Smith, J.Brown Lambert TarverCarter Long ThompsonChabert Martiny WalsworthClaitor Milkovich WardColomb Mills WhiteCortez Mizell Total - 35
993
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NAYS
Total - 0ABSENT
Donahue MorrishLuneau Peterson Total - 4
The Chair declared the amended bill was passed and ordered itreturned to the House. Senator Riser moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
HOUSE BILL NO. 1007—BY REPRESENTATIVES MORENO AND WILLMOTT
AN ACTTo amend and reenact R.S. 40:978.2(C)(1) and (D) through (F) and
to enact R.S. 40:978.2(G) and (H), relative to opioid antagonists;to authorize the storage and dispensing of opioid antagonistsunder certain conditions; to authorize any person to possess anopioid antagonist; to provide for an effective date; and toprovide for related matters.
The bill was read by title. Senator Mills moved the final passageof the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey MorrishAllain Fannin PeacockAppel Gatti PerryBarrow Hewitt RiserBishop Johns Smith, G.Boudreaux LaFleur Smith, J.Brown Lambert TarverCarter Long ThompsonChabert Martiny WalsworthClaitor Milkovich WardColomb Mills WhiteCortez Mizell Total - 35
NAYS
Total - 0ABSENT
Donahue MorrellLuneau Peterson Total - 4
The Chair declared the bill was passed and ordered it returnedto the House. Senator Mills moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
HOUSE BILL NO. 1031—BY REPRESENTATIVE CHAD BROWN
AN ACTTo amend and reenact R.S. 22:584(C)(1) and (D)(1)(a), relative to
certain investments in Real Estate Investment Trusts bydomestic insurers; to allow for investments in certaincorporations; and to provide for related matters.
The bill was read by title. Senator Ward moved the finalpassage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Fannin PeacockAllain Gatti PerryAppel Hewitt RiserBarrow Johns Smith, G.Bishop LaFleur Smith, J.Boudreaux Lambert TarverBrown Long ThompsonCarter Martiny WalsworthChabert Milkovich WardColomb Mills WhiteCortez MizellErdey Morrish Total - 34
NAYS
Claitor Total - 1
ABSENT
Donahue MorrellLuneau Peterson Total - 4
The Chair declared the bill was passed and ordered it returnedto the House. Senator Ward moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
HOUSE BILL NO. 1052—BY REPRESENTATIVE HENRY
AN ACTTo enact Chapter 33-C of Title 13 of the Louisiana Revised Statutes
of 1950, comprised of R.S. 13:5371 through 5373, and Code ofCriminal Procedure Article 893(B)(1)(a)(iv)(dd) and (b),relative to a probation pilot program in the 24th Judicial DistrictCourt; to provide for the Swift and Certain Probation PilotProgram; to provide for applicability; to provide for eligibility;to provide for the suspension of sentence for certain cases; toprovide for the effects of completion of the program; to providewith respect to funds realized from participation in the program;and to provide for related matters.
The bill was read by title. Senator Gary Smith moved the finalpassage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey MorrellAllain Fannin MorrishAppel Gatti PeacockBarrow Hewitt PerryBishop Johns RiserBoudreaux LaFleur Smith, G.Brown Lambert Smith, J.Carter Long TarverChabert Martiny ThompsonClaitor Milkovich WalsworthColomb Mills WardCortez Mizell White Total - 36
NAYS
Total - 0
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39th DAY'S PROCEEDINGS Page 29 SENATEMay 23, 2016
ABSENT
Donahue Luneau Peterson Total - 3
The Chair declared the bill was passed and ordered it returnedto the House. Senator Gary Smith moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
HOUSE BILL NO. 1118—BY REPRESENTATIVE HUNTER
AN ACTTo enact Chapter 44 of Title 51 of the Louisiana Revised Statutes of
1950, to be comprised of R.S. 51:2701 through 2720, relative tofiduciaries and the digital property of decedents and othercertain persons; to provide for a short title, definitions, andapplicability; to authorize a user to allow or disallow a custodianto make certain digital assets disclosures on behalf of the user;to specify for a user's direction of disclosure to override certaincontrary provisions; to provide for the rights of certain personswith respect to terms-of-service agreements; to provideprocedure for the disclosure of digital assets; to provide for acustodian's disclosure of a deceased user's electroniccommunications and other digital assets when certaincircumstances apply; to provide for a custodian's disclosure ofthe content of electronic communications or other digital assetsof a principal when certain circumstances apply; to provide fora custodian's disclosure of the digital assets held in trust to atrustee who is the original user; to provide a custodian'sdisclosure of the content of electronic communications or otherdigital assets held in trust to a trustee who is not the originaluser; to provide certain rights, duties, authorities, andresponsibilities for certain fiduciaries; to require certaincompliance of a custodian; to provide immunity from liabilityfor a custodian and respective officers, employees, and agentsacting in good faith in compliance with duties; to provide fordevolution of rights by intestacy; to provide for certainuniformity and relation to federal law; to provide forseverability; and to provide for related matters.
The bill was read by title. Senator Bishop moved the finalpassage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Cortez MizellAllain Erdey MorrishAppel Fannin PeacockBarrow Gatti PerryBishop Hewitt RiserBoudreaux Johns Smith, G.Brown LaFleur Smith, J.Carter Lambert TarverChabert Long ThompsonClaitor Martiny WardColomb Mills White Total - 33
NAYS
Total - 0ABSENT
Donahue Milkovich PetersonLuneau Morrell Walsworth Total - 6
The Chair declared the bill was passed and ordered it returnedto the House. Senator Bishop moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
HOUSE BILL NO. 1135— (Substitute for House Bill No. 777by Representative Moreno)
BY REPRESENTATIVE MORENO AN ACT
To amend and reenact Children's Code Article 1015 and to enactChildren's Code Article 1004(I), relative to the termination ofparental rights; to provide relative to parties who may petitionfor termination of parental rights; to provide relative to groundsfor termination of parental rights; and to provide for relatedmatters.
Floor Amendments
Senator Claitor proposed the following amendments.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Claitor to Reengrossed House BillNo. 1135 by Representative Moreno
AMENDMENT NO. 1On page 1, line 2, between "Article" and "1015" insert "1007 and"
AMENDMENT NO. 2On page 1, line 3, after "1004(I)" insert "and 1015.1"
AMENDMENT NO. 3On page 1, line 5, between "rights;" and "and" insert "to provide forthe confidentiality of petitioner's address; to provide regarding courtcosts, other costs, and fees;"
AMENDMENT NO. 4On page 1, line 7, change "1015 is" to "1007 and 1015 are"
AMENDMENT NO. 5On page l, line 8, change "is" to "and 1015.1 are"
AMENDMENT NO. 6On page 1, between lines 14 and 15, insert the following:"Art. 1007. Court records of proceedings
A. All records and reports which result from proceedings heldpursuant to the provisions of this Title are confidential and shall notbe disclosed except as otherwise provided by this Chapter, byChapter 7 of this Title, or as may be necessary to facilitate any orderfor continued contact as authorized by Article 1037.1.
B. The address and parish of the petitioner and each person onwhose behalf the petition for termination of parental rights is filedunder the provisions of Article 1015 (3) or (9) may remainconfidential with the court.
* * *"
AMENDMENT NO. 7On page 4, after line 2, add the following:"Art. 1015.1. Termination of parental rights, certain grounds; costs
and feesA. A petitioner shall not be required to prepay nor be cast with
court costs or costs of service or subpoena for the filing of thepetition pursuant to Article 1015(3) or (9). The clerk of court shallimmediately file and process the petition, regardless of the ability ofthe petitioner to pay court costs.
B. All court costs, attorney fees, costs of enforcement andmodification proceedings, costs of appeals, evaluation fees, andexpert witness fees incurred in filing, maintaining, or defending anyproceeding under Article 1015(3) or (9) shall be paid by theperpetrator of the sex offense, including all costs of medical andpsychological care for the sexually abused adult, or for the childconceived as a result of the sex offense."
On motion of Senator Claitor, the amendments were adopted.
Floor Amendments
Senator Gatti proposed the following amendments.
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SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Gatti to Reengrossed House BillNo. 1135 by Representative Moreno
AMENDMENT NO. 1On page 1, line 5, after "rights;" and before "to", insert "to providerelative to effects;"
AMENDMENT NO. 2On page 1, at the end of line 13, insert "Termination shall result in theloss of custody, visitation, contact, and other parental rights of theperpetrator regarding the child, but shall not affect the inheritancerights of the child. The perpetrator shall be cast in judgment for courtcosts."
On motion of Senator Gatti, the amendments were adopted.
The bill was read by title. Senator Claitor moved the finalpassage of the amended bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey MorrellAllain Fannin MorrishAppel Gatti PeacockBarrow Hewitt PerryBishop Johns RiserBoudreaux LaFleur Smith, G.Brown Lambert Smith, J.Carter Long TarverChabert Martiny ThompsonClaitor Milkovich WalsworthColomb Mills WardCortez Mizell White Total - 36
NAYS
Total - 0ABSENT
Donahue Luneau Peterson Total - 3
The Chair declared the amended bill was passed and ordered itreturned to the House. Senator Claitor moved to reconsider the voteby which the bill was passed and laid the motion on the table.
HOUSE BILL NO. 918—BY REPRESENTATIVE WILLMOTT
AN ACTTo amend and reenact R.S. 37:969(B)(introductory paragraph), (1)
through (3), and (4)(a) and (c) and 969.1(B) through (D) and toenact R.S. 37:21(B)(11) and 969(B)(4)(d), relative to theLouisiana State Board of Practical Nurse Examiners; to exemptthe board from certain limitations on disciplinary proceedings;to authorize the board to obtain certain criminal history recordinformation; to provide for methods of obtaining suchinformation; to provide for technical corrections; and to providefor related matters.
The bill was read by title. Senator Chabert moved the finalpassage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Cortez MizellAllain Erdey MorrishAppel Fannin PeacockBarrow Gatti PerryBishop Hewitt Smith, G.Boudreaux Johns Smith, J.Brown LaFleur TarverCarter Lambert ThompsonChabert Long WalsworthClaitor Martiny WardColomb Mills White Total - 33
NAYS
Total - 0ABSENT
Donahue Milkovich PetersonLuneau Morrell Riser Total - 6
The Chair declared the bill was passed and ordered it returnedto the House. Senator Chabert moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
Rules Suspended
Senator Colomb asked for and obtained a suspension of the rulesto revert to:
House Bills and Joint Resolutions onThird Reading and Final Passage
Bagneris Rule
Senator Long moved to invoke the rule to temporarily pass overcontroversial House Bills on Third Reading and Final Passage withthe intention of taking them up later, in their regular order.
Without objection, so ordered.
HOUSE BILL NO. 171—BY REPRESENTATIVES HODGES, BAGLEY, COX, HENSGENS,HILFERTY, HORTON, MIKE JOHNSON, LEBAS, POPE, AND WILLMOTT
AN ACTTo enact Subpart D of Part VI of Chapter 5-A of Title 40 of the
Louisiana Revised Statutes of 1950, to be comprised of R.S.40:1086.1 through 1086.4, relative to prevention of certainconditions affecting the health and safety of newborns andyoung children; to provide for definitions and findings; toestablish requirements of birthing centers regarding delivery ofinformation on shaken baby syndrome and sudden unexpectedinfant death; to authorize certain public awareness activities bythe Department of Health and Hospitals; to provide foradministrative rulemaking; and to provide for related matters.
Floor Amendments
Senator Colomb proposed the following amendments.
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39th DAY'S PROCEEDINGS Page 31 SENATEMay 23, 2016
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Colomb to Engrossed House BillNo. 171 by Representative Hodges
AMENDMENT NO. 1On page 4, after line 12, insert the following:
"Section 2. This Act shall be known as the "Kaci Billings Act of2016"."
On motion of Senator Colomb, the amendments were adopted.
The bill was read by title. Senator Colomb moved the finalpassage of the amended bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey MorrellAllain Fannin MorrishAppel Gatti PeacockBarrow Hewitt PerryBishop Johns RiserBoudreaux LaFleur Smith, G.Brown Lambert Smith, J.Carter Long TarverChabert Martiny ThompsonClaitor Milkovich WalsworthColomb Mills WardCortez Mizell White Total - 36
NAYS
Total - 0ABSENT
Donahue Luneau Peterson Total - 3
The Chair declared the amended bill was passed and ordered itreturned to the House. Senator Colomb moved to reconsider the voteby which the bill was passed and laid the motion on the table.
HOUSE BILL NO. 606—BY REPRESENTATIVES HOFFMANN, ABRAHAM, AMEDEE, ARMES,BAGLEY, BARRAS, BERTHELOT, BISHOP, CARMODY, STEVECARTER, CHANEY, COUSSAN, COX, DEVILLIER, DWIGHT, EDMONDS,EMERSON, FALCONER, GAROFALO, GISCLAIR, LANCE HARRIS,HENSGENS, HILFERTY, HILL, HODGES, HOLLIS, HORTON, HOWARD,HUVAL, IVEY, JACKSON, MIKE JOHNSON, NANCY LANDRY, LEBAS,LEOPOLD, MACK, MCFARLAND, MIGUEZ, JAY MORRIS, JIM MORRIS,PEARSON, POPE, PUGH, PYLANT, REYNOLDS, RICHARD,SCHEXNAYDER, SCHRODER, SIMON, THIBAUT, WILLMOTT, ANDZERINGUE
AN ACTTo amend and reenact R.S. 40:1061.6(A) and to enact Chapter 1-A
of Title 36 of the Louisiana Revised Statutes of 1950, to becomprised of R.S. 36:21, relative to authorized uses of publicfunds; to prohibit certain uses of public funds by institutions,boards, commissions, departments, agencies, officials, andemployees of the state or its political subdivisions; to prohibitentities that perform abortions from receiving public funding forany purpose; to provide for construction of the prohibition; andto provide for related matters.
The bill was read by title. Senator Barrow moved the finalpassage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Fannin MorrishAllain Gatti PeacockAppel Hewitt PerryBarrow Johns RiserBoudreaux LaFleur Smith, G.Carter Lambert Smith, J.Chabert Long TarverClaitor Martiny ThompsonColomb Milkovich WalsworthCortez Mills WardErdey Mizell White Total - 33
NAYS
Bishop Brown Total - 2
ABSENT
Donahue MorrellLuneau Peterson Total - 4
The Chair declared the bill was passed and ordered it returnedto the House. Senator Barrow moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
HOUSE BILL NO. 719—BY REPRESENTATIVE HODGES
AN ACTTo amend and reenact Children's Code Article 1431(D) and to enact
Children's Code Article 1427(C), relative to minors who arementally ill or suffering from substance abuse and in need ofimmediate medical treatment; to provide relative to procedurespursuant to issuance of a physician's emergency certificate fortreatment of a minor; to provide relative to transportation of achild in whose name an emergency certificate has been issued;to authorize certain persons to accompany the child during suchtransportation; and to provide for related matters.
The bill was read by title. Senator Colomb moved the finalpassage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Cortez MizellAllain Erdey MorrellAppel Fannin MorrishBarrow Gatti PeacockBishop Hewitt PerryBoudreaux Johns Smith, G.Brown LaFleur Smith, J.Carter Lambert TarverChabert Long ThompsonClaitor Martiny WardColomb Mills White Total - 33
NAYS
Milkovich Riser Walsworth Total - 3
ABSENT
Donahue Luneau Peterson Total - 3
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Page 32 SENATE 39th DAY'S PROCEEDINGSMay 23, 2016
The Chair declared the bill was passed and ordered it returnedto the House. Senator Colomb moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
HOUSE BILL NO. 1133—BY REPRESENTATIVE BERTHELOT
AN ACTTo amend and reenact Subpart A of Part VII of Title 40 of the
Louisiana Revised Statutes of 1950, to be comprised of R.S.40:1484.1 through 1484.28, and 1485.2(introductory paragraph),(2), (3), (4), and (5) and to enact R.S. 40:1485.2(6) and 1485.9,relative to the regulation of inflatable amusement devices,amusement attractions, and amusement rides; to provide foradministration, enforcement, and rulemaking authority of thestate fire marshal; to provide for definitions; to requireregistration of inflatable amusement devices, amusementattractions, and amusement rides with the office of state firemarshal; to regulate the operation of such devices, attractions,and rides; to provide for third-party inspections and certificatesof inspection; to provide for set-up inspections; to providerelative to license requirements of third-party inspectors, set-upinspectors, firms, and certain persons; to require certaininsurance; to provide for applicable fees, costs, penalties, andinjunctive relief; to provide for applicability; to provide forprohibitions and exemptions; and to provide for related matters.
The bill was read by title. Senator Martiny moved the finalpassage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Fannin MorrishAllain Gatti PeacockAppel Hewitt PerryBarrow Johns RiserBishop LaFleur Smith, G.Boudreaux Lambert Smith, J.Brown Long TarverCarter Martiny ThompsonChabert Milkovich WardClaitor Mills WhiteColomb MizellCortez Morrell Total - 34
NAYS
Walsworth Total - 1
ABSENT
Donahue LuneauErdey Peterson Total - 4
The Chair declared the bill was passed and ordered it returnedto the House. Senator Martiny moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
HOUSE BILL NO. 187—BY REPRESENTATIVE BISHOP
AN ACTTo amend and reenact R.S. 47:1925.11, relative to expenses of
assessors; to authorize an automobile expense allowance for theassessor in Lafayette Parish; to provide for certain limitationsand requirements; and to provide for related matters.
The bill was read by title. Senator Cortez moved the finalpassage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Gatti MorrishBarrow Johns PerryBishop LaFleur Smith, G.Boudreaux Lambert Smith, J.Brown Long TarverCarter Martiny WardColomb Mills WhiteCortez Morrell Total - 23
NAYS
Allain Fannin PeacockAppel Hewitt RiserChabert Milkovich ThompsonClaitor Mizell Walsworth Total - 12
ABSENT
Donahue LuneauErdey Peterson Total - 4
The Chair declared the bill was passed and ordered it returnedto the House. Senator Cortez moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
HOUSE BILL NO. 204—BY REPRESENTATIVE LYONS
AN ACTTo amend and reenact R.S. 38:2212(B)(3)(b), relative to the
submission of documents to Jefferson Parish as required by thePublic Bid Law; to require all bidders bidding on public worksfor Jefferson Parish to submit certain forms prior to the openingof public bids; and to provide for related matters.
The bill was read by title. Senator Carter moved the finalpassage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey MorrellAllain Fannin MorrishAppel Gatti PeacockBarrow Hewitt PerryBishop Johns RiserBoudreaux LaFleur Smith, G.Brown Lambert Smith, J.Carter Long TarverChabert Martiny ThompsonClaitor Milkovich WalsworthColomb Mills WardCortez Mizell White Total - 36
NAYS
Total - 0ABSENT
Donahue Luneau Peterson Total - 3
The Chair declared the bill was passed and ordered it returnedto the House. Senator Carter moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
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39th DAY'S PROCEEDINGS Page 33 SENATEMay 23, 2016
HOUSE BILL NO. 241—BY REPRESENTATIVE ZERINGUE
AN ACTTo amend and reenact R.S. 9:1103, R.S. 30:961(G)(3), 2000.11(E),
2459(A) and (D), 2460(A)(14), R.S. 35:411(A), (B), and (E),R.S. 38:100(introductory paragraph), 106(A)(2)(introductoryparagraph) and (B), 111, 112, 213(D), 214(B), 218(B), 221(F),225(A)(2), (D)(2)(b), (F), 226, 301(B), 301.1(A), (B), and (C),306(C), 313(B)(2), 315, 329.6(H), 330.1(C)(2)(c) and (3)(a),3097.4(A)(9), R.S. 39:99.29(A), 366.3(1), 2202(1), (3), (5), and(6), R.S. 48:264.1(B), and R.S. 56:301.10(E)(3), 425(E),427.1(C), 494(E)(3) and 2011(E), to enact R.S.49:214.6.2(D)(8), and to repeal R.S. 49:214.6.2(C)(4), relativeto the Coastal Protection and Restoration Authority Board; tochange certain references to the "Office of Coastal Protectionand Restoration" to "Coastal Protection and RestorationAuthority"; to change certain references to the "Office ofCoastal Protection and Restoration" to the "Coastal Protectionand Restoration Authority Board"; to make technical correctionsto references to the "executive director", the "chair", the"chairman"; to make other technical corrections; to provide forthe utilization of certain services provided by the Department ofNatural Resources; and to provide for related matters.
Floor Amendments
Senator Chabert proposed the following amendments.
SENATE FLOOR AMENDMENTS
Amendments proposed by Senator Chabert to Reengrossed HouseBill No. 241 by Representative Zeringue
AMENDMENT NO. 1On page 3, line 22, delete "Minerals Management Service,"
On motion of Senator Chabert, the amendments were adopted.
The bill was read by title. Senator Chabert moved the finalpassage of the amended bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey MorrellAllain Fannin MorrishAppel Gatti PeacockBarrow Hewitt PerryBishop Johns RiserBoudreaux LaFleur Smith, G.Brown Lambert Smith, J.Carter Long TarverChabert Martiny ThompsonClaitor Milkovich WalsworthColomb Mills WardCortez Mizell White Total - 36
NAYS
Total - 0ABSENT
Donahue Luneau Peterson Total - 3
The Chair declared the amended bill was passed and ordered itreturned to the House. Senator Chabert moved to reconsider the voteby which the bill was passed and laid the motion on the table.
HOUSE BILL NO. 245—BY REPRESENTATIVES MARCELLE AND CARPENTER
AN ACTTo amend and reenact R.S. 32:8(A)(2) and (3), 57.1(C),
863(A)(3)(a), and 863.1(C)(1)(b), and to enact R.S. 32:429.4and R.S. 47:1676(L), relative to monies owed to the office ofmotor vehicles; to authorize the office of motor vehicles to enterinto installment agreements with persons for payment ofoutstanding fines, penalties, and fees; to authorize the office ofmotor vehicles to register motor vehicles and issue drivingprivileges to persons during the term of such installmentagreements; to authorize the promulgation of rules andregulations; to provide for definitions; to authorize third partiesto administer such installment agreements; to authorize a thirdparty to charge and collect certain fees for the administration ofsuch installment agreements; to provide for effective dates; andto provide for related matters.
The bill was read by title. Senator Colomb moved the finalpassage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey MorrellAllain Fannin MorrishAppel Gatti PeacockBarrow Hewitt PerryBishop Johns RiserBoudreaux LaFleur Smith, G.Brown Lambert Smith, J.Carter Long TarverChabert Martiny ThompsonClaitor Milkovich WalsworthColomb Mills WardCortez Mizell White Total - 36
NAYS
Total - 0ABSENT
Donahue Luneau Peterson Total - 3
The Chair declared the bill was passed and ordered it returnedto the House. Senator Colomb moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.
HOUSE BILL NO. 293—BY REPRESENTATIVE HAVARD
AN ACTTo enact R.S. 33:4305(B)(5), relative to gas utility districts; to
provide relative to the members of the governing boards ofdistricts located in certain parishes; to increase the maximumper diem authorized to be paid to such members; and to providefor related matters.
The bill was read by title. Senator Ward moved the finalpassage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Erdey MorrishAllain Fannin PeacockAppel Gatti PerryBarrow Hewitt Riser
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Page 34 SENATE 39th DAY'S PROCEEDINGSMay 23, 2016
Bishop Johns Smith, G.Boudreaux LaFleur Smith, J.Brown Lambert TarverCarter Long ThompsonClaitor Martiny WalsworthColomb Mills WardCortez Mizell White Total - 33
NAYS
Total - 0ABSENT
Chabert Luneau MorrellDonahue Milkovich Peterson Total - 6
The Chair declared the bill was passed and ordered it returnedto the House. Senator Ward moved to reconsider the vote by whichthe bill was passed and laid the motion on the table.
Rules Suspended
Senator Hewitt asked for and obtained a suspension of the rulesto revert to the Morning Hour.
Message from the House
HOUSE CONFEREES APPOINTED
May 23, 2016
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the Speaker ofthe House of Representatives has appointed the following members,on the part of the House of Representatives, to confer, with a likecommittee from the Senate, on the disagreement to Senate BillNo. 111 by Senator Barrow:
Representatives Carpenter, Berthelot and James.
Respectfully submitted,ALFRED W. SPEER
Clerk of the House of Representatives
Message from the House
HOUSE CONFEREES APPOINTED
May 23, 2016
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the Speaker ofthe House of Representatives has appointed the following members,on the part of the House of Representatives, to confer, with a likecommittee from the Senate, on the disagreement to House Bill No. 81by Representative Broadwater:
Representatives Broadwater, Danahay and Pugh.
Respectfully submitted,ALFRED W. SPEER
Clerk of the House of Representatives
Message from the House
HOUSE CONFEREES APPOINTED
May 23, 2016
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the Speaker ofthe House of Representatives has appointed the following members,on the part of the House of Representatives, to confer, with a likecommittee from the Senate, on the disagreement to House BillNo. 218 by Representative Hoffmann:
Representatives Hoffmann, N. Landry and Pope.
Respectfully submitted,ALFRED W. SPEER
Clerk of the House of Representatives
Message from the House
PASSED SENATE BILLS ANDJOINT RESOLUTIONS
May 23, 2016
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the House ofRepresentatives has finally passed the following Senate Bills andJoint Resolutions:
SENATE BILL NO. 313—BY SENATORS BARROW AND THOMPSON
AN ACTTo amend and reenact R.S. 36:4(B)(8), to enact R.S. 46:2605.1
through 2605.3, and to repeal R.S. 36:478(L) and R.S. 46:2911through 2913, relative to the Council on the Status ofGrandparents Raising Grandchildren; to provide for the transferof this council from the Department of Children and FamilyServices to the office of the governor; to provide for thecouncil's membership, responsibilities and duties, and its fund;to provide terms, conditions, requirements, and procedures; andto provide for related matters.
Reported with amendments.
SENATE BILL NO. 58—BY SENATOR MARTINY
AN ACTTo repeal R.S. 51:3143(A)(4) and (5), relative to home service
contracts; to repeal certain requirements for the submission ofdocumentation to the secretary of state.
Reported with amendments.
SENATE BILL NO. 199—BY SENATOR GATTI
AN ACTTo enact R.S. 22:76 and 264.1, relative to the mergers of domestic
insurers and health maintenance organizations; to provide forapproval by the commissioner of insurance prior to the mergerof a domestic insurer or health maintenance organization withany other person; to provide for the written request for approval;and to provide for related matters.
Reported without amendments.
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39th DAY'S PROCEEDINGS Page 35 SENATEMay 23, 2016
SENATE BILL NO. 210—BY SENATOR BARROW
AN ACTTo amend and reenact R.S. 40:2154, relative to behavioral health
services rendered to specialty courts; to exempt from licensurerequirements providers furnishing behavioral health services tocertain specialty courts; to provide for an effective date; and toprovide for related matters.
Reported without amendments.
SENATE BILL NO. 224—BY SENATOR CLAITOR
AN ACTTo repeal R.S. 17:1803, relative to parking violations on public
college and university campuses; to eliminate provisions of lawgoverning certain fines that have been ruled unconstitutional; toprovide for an effective date; and to provide for related matters.
Reported without amendments.
SENATE BILL NO. 236—BY SENATOR BARROW
AN ACTTo amend and reenact R.S. 28:53(G)(7)(c)(i) and to enact R.S.
28:53(G)(8), relative to mental health law; to provide relative toexamination, admission, commitment, and treatment of personssuffering from mental illness and substance abuse; to providewith respect to admission by emergency certificate; and toprovide for related matters.
Reported without amendments.
SENATE BILL NO. 238—BY SENATOR THOMPSON
AN ACTTo enact R.S. 40:2009.10.1, relative to investigations by the
Department of Health and Hospitals; to provide for providercommunication opportunities; to provide for notice; to providefor time limitations on violation issuance; to provide for aneffective date; and to provide for related matters.
Reported without amendments.
Respectfully submitted,ALFRED W. SPEER
Clerk of the House of Representatives
Message from the House
CONCURRING INSENATE CONCURRENT RESOLUTIONS
May 23, 2016
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the House ofRepresentatives has finally concurred in the following SenateConcurrent Resolutions:
SENATE CONCURRENT RESOLUTION NO. 123—BY SENATORS MILKOVICH, ALARIO AND LONG
A CONCURRENT RESOLUTIONTo commend John Mamoulides upon his induction into the Louisiana
Political Museum and Hall of Fame.
Reported without amendments.
SENATE CONCURRENT RESOLUTION NO. 124—BY SENATOR LONG
A CONCURRENT RESOLUTIONTo commend Anthony Thomas on being named to the 2016
Louisiana Sports Hall of Fame Induction Class.
Reported without amendments.
SENATE CONCURRENT RESOLUTION NO. 126—BY SENATOR COLOMB
A CONCURRENT RESOLUTIONTo commend the efforts of The Links, Incorporated, and to designate
Wednesday, May 25, 2016, as Louisiana Links Day at the statecapitol.
Reported without amendments.
Respectfully submitted,ALFRED W. SPEER
Clerk of the House of Representatives
Introduction of Senate Resolutions
Senator Bishop asked for and obtained a suspension of the rulesto read Senate Resolutions a first and second time.
SENATE RESOLUTION NO. 151—BY SENATOR GATTI
A RESOLUTIONTo commend the Benton High School of Benton, Louisiana golf team
on winning its fifth consecutive Division II state championship.
The resolution was read by title and placed on the Calendar fora second reading.
SENATE RESOLUTION NO. 152—BY SENATOR BISHOP
A RESOLUTIONTo commend Alpha Phi Alpha Fraternity, Incorporated upon the
celebration of its one hundred tenth anniversary as anorganization and recognizes Tuesday, May 24, 2016, as AlphaPhi Alpha Day at the Louisiana State Capitol.
On motion of Senator Bishop the resolution was read by titleand adopted.
Introduction ofSenate Concurrent Resolutions
SENATE CONCURRENT RESOLUTION NO. 127—BY SENATOR COLOMB
A CONCURRENT RESOLUTIONTo request the Senate Committee on Senate and Governmental
Affairs and the House Committee on House and GovernmentalAffairs to meet and function as a joint committee to study thefeasibility of conducting committee hearings, briefings,conferences, interim committee meetings, or chamber sessionsby video teleconferencing and to study the feasibility ofallowing a member to cast a record vote in absentia when amember cannot attend a committee hearing, briefings,conferences, interim committee meetings, or chamber sessionsdue to disability, illness, or injury.
The resolution was read by title and placed on the Calendar fora second reading.
SENATE CONCURRENT RESOLUTION NO. 128—BY SENATOR ALARIO
A CONCURRENT RESOLUTIONTo express the sincere and heartfelt condolences of the Legislature of
Louisiana upon the passing of a beloved gentleman andmainstay in Louisiana politics, the Honorable Robert L."Bobby" Freeman, and to celebrate the legacy of public servicehe leaves to his community, state, and nation.
The resolution was read by title and placed on the Calendar fora second reading.
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Message from the House
ASKING CONCURRENCE INHOUSE BILLS AND JOINT RESOLUTIONS
May 23, 2016
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the House ofRepresentatives has finally passed and asks your concurrence in thefollowing House Bills and Joint Resolutions:
HB No. 257 HB No. 529 HB No. 965
Respectfully submitted,ALFRED W. SPEER
Clerk of the House of Representatives
House Bills and Joint Resolutionson First Reading
HOUSE BILL NO. 257—BY REPRESENTATIVE IVEY
AN ACTTo amend and reenact R.S. 39:94(C)(4)(b), relative to the Budget
Stabilization Fund; to except deposits in excess of theexpenditure limit from the suspension of required deposits intothe Budget Stabilization Fund; to provide for an effective date;and to provide for related matters.
The bill was read by title and placed on the Calendar for asecond reading.
HOUSE BILL NO. 529—BY REPRESENTATIVE DANAHAY
AN ACTTo amend and reenact R.S. 18:1354(C), relative to the compensation
of certain employees of parish custodians of voting machines;to increase the compensation amount paid to deputies of suchcustodians; and to provide for related matters.
The bill was read by title and placed on the Calendar for asecond reading.
HOUSE BILL NO. 965—BY REPRESENTATIVE ROBERT JOHNSON
AN ACTTo amend and reenact R.S. 42:1124.3(C)(1), relative to financial
disclosure; to change certain disclosure requirements regardingbusiness income from the state or political subdivisions; torequire certain specified information regarding contracts withcertain businesses and the state or political subdivisions; and toprovide for related matters.
The bill was read by title and placed on the Calendar for asecond reading.
Message from the House
ASKING CONCURRENCE INHOUSE CONCURRENT RESOLUTIONS
May 23, 2016
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the House ofRepresentatives has finally passed and asks your concurrence in thefollowing House Concurrent Resolutions:
HCR No. 140 HCR No. 142
Respectfully submitted,ALFRED W. SPEER
Clerk of the House of Representatives
House Concurrent Resolutionson First Reading
HOUSE CONCURRENT RESOLUTION NO. 140—BY REPRESENTATIVE LEGER
A CONCURRENT RESOLUTIONTo express the condolences of the Legislature of Louisiana upon the
death of former state representative and lieutenant governorRobert L. "Bobby" Freeman.
The resolution was read by title and placed on the Calendar fora second reading.
HOUSE CONCURRENT RESOLUTION NO. 142—BY REPRESENTATIVES JEFFERSON AND PIERRE
A CONCURRENT RESOLUTIONTo commend Alpha Phi Alpha Fraternity, Incorporated, upon the
celebration of its upcoming one hundred tenth anniversary as anorganization and designate Tuesday, May 24, 2016, as AlphaPhi Alpha Day at the state capitol.
The resolution was read by title and placed on the Calendar fora second reading.
Privileged Report of the Committee onSenate and Governmental Affairs
ENROLLMENTS
Senator Peterson, Chairman on behalf of the Committee onSenate and Governmental Affairs, submitted the following report:
May 20, 2016
To the President and Members of the Senate:
I am directed by your Committee on Senate and GovernmentalAffairs to submit the following report:
The following Senate Resolutions have been properly enrolled:
SENATE RESOLUTION NO. 121—BY SENATOR MARTINY
A RESOLUTIONTo urge and request the governor to reconsider the request to the
Civil Service Commission to suspend the annual "performanceadjustments" for Fiscal Year 2016-2017 for eligible employeeswithin the nearly 40,000 classified employee workforce.
SENATE RESOLUTION NO. 124—BY SENATOR LAMBERT
A RESOLUTIONTo commend Tim Detillier, head football coach and athletic director
for the Lutcher High School Bulldogs, upon his many careeraccomplishments and to congratulate him on his 2015 winningseason and upon his retirement.
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39th DAY'S PROCEEDINGS Page 37 SENATEMay 23, 2016
SENATE RESOLUTION NO. 125—BY SENATOR LAMBERT
A RESOLUTIONTo commend and congratulate the players and coaches of the Lutcher
High School football team on an outstanding season and on itsfirst place finish in the Louisiana High School AthleticAssociation Class 3-A State Championship for 2015.
SENATE RESOLUTION NO. 126—BY SENATOR PERRY
A RESOLUTIONTo express the sincere condolences of the Senate of the Legislature
of Louisiana upon the death of Kevin G. Guidry.
SENATE RESOLUTION NO. 127—BY SENATOR CORTEZ
A RESOLUTIONTo commend and express the deep appreciation of the Senate of the
Legislature of Louisiana to the Veterans Action Coalition ofSouthwest Louisiana and their Board of Directors for theirfervent advocacy and unwavering dedication in their successfulefforts to bring two new, state-of-the-art Community BasedOutpatient Clinics as well as a separate, larger mental healthclinic to the Southwest Louisiana Region.
SENATE RESOLUTION NO. 128—BY SENATOR CARTER
A RESOLUTIONTo commend St. Stephen Missionary Baptist Church on moving to its
new church home on May 22, 2016.
SENATE RESOLUTION NO. 130—BY SENATOR MORRISH
A RESOLUTIONTo designate the week of October 31 through November 7, 2016, as
"School Psychologist Week".
SENATE RESOLUTION NO. 131—BY SENATOR WHITE
A RESOLUTIONTo commend Mrs. Lillie Goff Jones on the celebration of her
ninetieth birthday.
SENATE RESOLUTION NO. 133—BY SENATOR BROWN
A RESOLUTIONTo commend Desire "Peanut" Alleman Jr. on receiving the James O.
Modisette Award for Outstanding Louisiana Public LibraryTrustee for 2016.
Respectfully submitted,KAREN CARTER PETERSON
Chairman
The foregoing Senate Resolutions were signed by the Presidentof the Senate.
Message to the Governor
SIGNED SENATE BILLS
May 20, 2016
To the Honorable Governor of the State of Louisiana:
The President of the Senate and the Speaker of the House ofRepresentatives have signed the following Senate Bills:
SENATE BILL NO. 30—BY SENATOR JOHN SMITH
AN ACTTo amend and reenact Sections 2 and 3 of Act No. 83 of the 2003
Regular Session of the Legislature, relative to authorizing theDepartment of Agriculture and Forestry to exchange certainproperty in Beauregard Parish with the Cooper Cemetery
Association; to provide for property descriptions; to provide forterms and descriptions; and to provide for related matters.
SENATE BILL NO. 70—BY SENATORS LONG AND THOMPSON
AN ACTTo amend and reenact R.S. 15:553(D), (E), and (F) and to enact R.S.
15:553(G), relative to sex offenders; to prohibit registered sexoffenders from soliciting any type of business door-to-door; andto provide for related matters.
SENATE BILL NO. 73—BY SENATORS WHITE AND CARTER
AN ACTTo enact R.S. 14:108(B)(1)(e), relative to the crime of resisting an
officer; to add the knowing interference with a police cordon tothe definition of "obstruction of" an officer; to provideadditional definitions; and to provide for related matters.
SENATE BILL NO. 90—BY SENATORS JOHNS, ALARIO, APPEL, BARROW, BOUDREAUX,CARTER, CORTEZ, ERDEY, GATTI, LAFLEUR, LONG, MILKOVICH,MILLS, MIZELL, MORRISH, PERRY, PETERSON, RISER, GARY SMITH,TARVER, THOMPSON, WARD AND WHITE AND REPRESENTATIVESADAMS, AMEDEE, BACALA, BAGLEY, BARRAS, BOUIE, TERRYBROWN, STEVE CARTER, COX, DAVIS, EDMONDS, GAROFALO,HAZEL, HORTON, HOWARD, IVEY, MIKE JOHNSON, ROBERTJOHNSON, LEGER, LYONS, MIGUEZ, MORENO, NORTON, PRICE,PYLANT, REYNOLDS, THIBAUT, WHITE AND ZERINGUE
AN ACTTo amend and reenact R.S. 14:46.2(A)(1) and (B)(2) and R.S.
15:541(2)(o) and (12)(b), relative to human trafficking; toexpand the crime of human trafficking to include specificelements and penalties relative to the trafficking of personsunder the age of twenty-one years for the purpose of engagingin commercial sexual activity; to require persons convicted ofhuman trafficking to register as a sex offender when the victimis under the age of twenty-one years; and to provide for relatedmatters.
SENATE BILL NO. 106—BY SENATOR BOUDREAUX
AN ACTTo amend and reenact R.S. 40:39.1(B)(1) and 46(C), relative to vital
records; to provide for the purchase of the short-form birthcertificate; to provide for an effective date; and to provide forrelated matters.
and they are hereby presented for executive approval.
Respectfully submitted,GLENN A. KOEPP
Secretary of the Senate
Message to the Secretary of State
SIGNEDSENATE CONCURRENT RESOLUTIONS
May 20, 2016
To the Honorable Secretary of State:
The President of the Senate and the Speaker of the House ofRepresentatives have signed the following Senate ConcurrentResolutions:
SENATE CONCURRENT RESOLUTION NO. 89—BY SENATOR BROWN AND REPRESENTATIVES TERRY LANDRY ANDPRICE
A CONCURRENT RESOLUTIONTo urge and request the Board of Supervisors of Community and
Technical Colleges to encourage each institution in its system tocoordinate with local employers to develop and provideorientation programs to students, beginning in middle schooland continuing until graduation, regarding the occupational
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programs available that will prepare students for high-paying,skilled careers that are in high demand in their local area.
SENATE CONCURRENT RESOLUTION NO. 90—BY SENATOR JOHN SMITH
A CONCURRENT RESOLUTIONTo memorialize the Congress of the United States to designate the
Louisiana Highway 8/Louisiana Highway 28 corridor as FutureInterstate 14.
SENATE CONCURRENT RESOLUTION NO. 118—BY SENATORS COLOMB, BARROW, HEWITT AND PETERSON ANDREPRESENTATIVES NANCY LANDRY, MARCELLE AND SMITH
A CONCURRENT RESOLUTIONTo commend Che'dra J. Joseph upon her receipt of a 2016 Women of
Excellence Award from the Louisiana Legislative Women'sCaucus Foundation in the category of High School Women ofExcellence and upon being a recipient of a Louisiana LegislativeWomen's Caucus Foundation Scholarship.
SENATE CONCURRENT RESOLUTION NO. 109—BY SENATORS COLOMB, BARROW, HEWITT, MIZELL AND PETERSONAND REPRESENTATIVES AMEDEE, CARPENTER, DAVIS, EMERSON,HILFERTY, HILL, HODGES, HORTON, JACKSON, NANCY LANDRY,MARCELLE, MORENO, NORTON, SMITH, STOKES AND WHITE
A CONCURRENT RESOLUTIONTo commend Taylor Nicole Bush upon her receipt of a 2016 Women
of Excellence Award from the Louisiana Legislative Women'sCaucus Foundation in the category of College Women ofExcellence and upon being a recipient of a Louisiana LegislativeWomen's Caucus Foundation Scholarship.
SENATE CONCURRENT RESOLUTION NO. 110—BY SENATORS COLOMB, BARROW, HEWITT, MIZELL AND PETERSONAND REPRESENTATIVES AMEDEE, CARPENTER, DAVIS, EMERSON,HILFERTY, HILL, HODGES, HORTON, JACKSON, NANCY LANDRY,MARCELLE, MORENO, NORTON, SMITH, STOKES AND WHITE
A CONCURRENT RESOLUTIONTo commend Ambeka Dave Rajvanshi upon her receipt of a 2016
Women of Excellence Award from the Louisiana LegislativeWomen's Caucus Foundation in the category of High SchoolWomen of Excellence and upon being a recipient of a LouisianaLegislative Women's Caucus Foundation Scholarship.
SENATE CONCURRENT RESOLUTION NO. 111—BY SENATORS COLOMB, BARROW, HEWITT, MIZELL AND PETERSONAND REPRESENTATIVES AMEDEE, CARPENTER, DAVIS, EMERSON,HILFERTY, HILL, HODGES, HORTON, JACKSON, NANCY LANDRY,MARCELLE, MORENO, NORTON, SMITH, STOKES AND WHITE
A CONCURRENT RESOLUTIONTo commend Godis Jackson upon her receipt of a 2016 Women of
Excellence Award from the Louisiana Legislative Women'sCaucus Foundation in the category of High School Women ofExcellence and upon being a recipient of a Louisiana LegislativeWomen's Caucus Foundation Scholarship.
SENATE CONCURRENT RESOLUTION NO. 112—BY SENATORS COLOMB, BARROW, HEWITT, MIZELL AND PETERSONAND REPRESENTATIVES AMEDEE, CARPENTER, DAVIS, EMERSON,HILFERTY, HILL, HODGES, HORTON, JACKSON, NANCY LANDRY,MARCELLE, MORENO, NORTON, SMITH, STOKES AND WHITE
A CONCURRENT RESOLUTIONTo commend Rachel Christina Oatis upon her receipt of a 2016
Women of Excellence Award from the Louisiana LegislativeWomen's Caucus Foundation in the category of College Womenof Excellence and upon being a recipient of a LouisianaLegislative Women's Caucus Foundation Scholarship.
SENATE CONCURRENT RESOLUTION NO. 113—BY SENATORS COLOMB, BARROW, HEWITT, MIZELL AND PETERSONAND REPRESENTATIVES AMEDEE, CARPENTER, DAVIS, EMERSON,HILFERTY, HILL, HODGES, HORTON, JACKSON, NANCY LANDRY,MARCELLE, MORENO, NORTON, SMITH, STOKES AND WHITE
A CONCURRENT RESOLUTIONTo commend Anna Monhartova, PhD, upon her receipt of a 2016
Women of Excellence Award from the Louisiana LegislativeWomen's Caucus Foundation in the category of Louisiana Heroof Excellence.
SENATE CONCURRENT RESOLUTION NO. 114—BY SENATOR MORRISH AND REPRESENTATIVE HENSGENS
A CONCURRENT RESOLUTIONTo express legislative support for the Land and Water Conservation
Fund.
SENATE CONCURRENT RESOLUTION NO. 115—BY SENATORS COLOMB, BARROW, HEWITT, MIZELL AND PETERSONAND REPRESENTATIVES AMEDEE, CARPENTER, DAVIS, EMERSON,HILFERTY, HILL, HODGES, HORTON, JACKSON, NANCY LANDRY,MARCELLE, MORENO, NORTON, SMITH, STOKES AND WHITE
A CONCURRENT RESOLUTIONTo commend the Iris Domestic Violence Center upon its receipt of a
2016 Women of Excellence Award from the LouisianaLegislative Women's Caucus Foundation in the category ofNon-Profit of Excellence.
SENATE CONCURRENT RESOLUTION NO. 116—BY SENATORS COLOMB, BARROW, HEWITT, MIZELL AND PETERSONAND REPRESENTATIVES AMEDEE, CARPENTER, DAVIS, EMERSON,HILFERTY, HILL, HODGES, HORTON, JACKSON, NANCY LANDRY,MARCELLE, MORENO, NORTON, SMITH, STOKES AND WHITE
A CONCURRENT RESOLUTIONTo commend Elise Marie LaFleur upon her receipt of a 2016 Women
of Excellence Award from the Louisiana Legislative Women'sCaucus Foundation in the category of High School Women ofExcellence and upon being a recipient of a Louisiana LegislativeWomen's Caucus Foundation Scholarship.
Respectfully submitted,GLENN A. KOEPP
Secretary of the Senate
Privileged Report of the Committee onSenate and Governmental Affairs
ENROLLMENTS
Senator Peterson, Chairman on behalf of the Committee onSenate and Governmental Affairs, submitted the following report:
May 23, 2016
To the President and Members of the Senate:
I am directed by your Committee on Senate and GovernmentalAffairs to submit the following report:
The following Senate Concurrent Resolutions have beenproperly enrolled:
SENATE CONCURRENT RESOLUTION NO. 117—BY SENATOR MILLS
A CONCURRENT RESOLUTIONTo commend the Louisiana Supreme Court on the success of the
specialty drug court program and to request information on thedrug court program and other statutorily created specialty courts.
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39th DAY'S PROCEEDINGS Page 39 SENATEMay 23, 2016
SENATE CONCURRENT RESOLUTION NO. 119—BY SENATOR CORTEZ
A CONCURRENT RESOLUTIONTo recognize May 2016 as "Amyotrophic Lateral Sclerosis
Awareness Month" and to memorialize the Congress of theUnited States to enact legislation to provide additional fundingfor research for the treatment and cure of Amyotrophic LateralSclerosis.
SENATE CONCURRENT RESOLUTION NO. 120—BY SENATOR LONG
A CONCURRENT RESOLUTIONTo commend and congratulate the Florien High School Lady
Blackcats softball team on winning the Class B state softballchampionship.
Respectfully submitted,KAREN CARTER PETERSON
Chairman
The foregoing Senate Concurrent Resolutions were signed bythe President of the Senate.
Message from the House
SIGNED HOUSE BILLS ANDJOINT RESOLUTIONS
May 23, 2016
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the Speaker ofthe House of Representatives has signed the following House Billsand Joint Resolutions:
HOUSE BILL NO. 138—BY REPRESENTATIVE ARMES
AN ACTTo enact R.S. 33:2541.5, relative to the municipal fire and police
civil service; to authorize the governing authority of the city ofDeRidder to create the position of deputy fire chief; to providethat the position is appointed on a competitive basis; to providerelative to the appointment, supervision, and discharge of anyperson in any such position; to provide relative to thequalifications, duties, and responsibilities for such position; andto provide for related matters.
HOUSE BILL NO. 157—BY REPRESENTATIVE ARMES
AN ACTTo amend and reenact R.S. 33:2533(20), 2541.1(C)(1), 2541.2(C)(1),
2550(E) and (F), 2551(4) and (8), 2551.1(A), 2554(C), and2558, relative to the city of DeRidder; to provide relative to theclassified police civil service; to provide relative to departmentaland promotional seniority; to provide relative to theestablishment and maintenance of employment lists; to providerelative to the certification and appointment of eligible persons;to provide relative to the abolition of classes; and to provide forrelated matters.
HOUSE BILL NO. 181—BY REPRESENTATIVE BISHOP
AN ACTTo enact R.S. 49:191(9)(b) and to repeal R.S. 49:191(6)(c), relative
to the Department of Natural Resources, including provisions toprovide for the re-creation of the Department of NaturalResources and the statutory entities made a part of thedepartment by law; to provide for the effective termination datefor all statutory authority for the existence of such statutoryentities; and to provide for related matters.
HOUSE BILL NO. 636—BY REPRESENTATIVE LEOPOLD
AN ACTTo amend and reenact R.S. 56:433.1(A)(1) and (2), to enact R.S.
56:433.1(B)(4), and to repeal R.S. 56:433.1(E), relative to theoyster seed ground vessel permit; to provide relative to thepermit fee; to dedicate the revenues derived from the permit fee;to provide for certain qualifications for applying for the permit;to repeal the termination date for the permit program; and toprovide for related matters.
HOUSE BILL NO. 671—BY REPRESENTATIVE MORENO AND SENATOR THOMPSON
AN ACTTo amend and reenact R.S. 37:1226.3(A) and (B), relative to
prescription drug returns; to provide for the return ofprescription drugs dispensed to offenders in the custody of alocal law enforcement office or department; to provide for theredispensing of the returned drugs; to prohibit redispensing ofcertain drugs; and to provide for related matters.
HOUSE BILL NO. 680—BY REPRESENTATIVES MORENO AND WILLMOTT AND SENATORTHOMPSON
AN ACTTo amend and reenact R.S. 40:1203.1(3)(a), (c), (g), and (o), (4), and
(5), 1203.2(B)(1) and (E), and 2009.2(1)(introductoryparagraph) and to enact R.S. 15:587(A)(1)(i) and R.S.40:1203.1(3)(d), (i), (j), and (p) through (y) and 1203.2(F),relative to nonlicensed healthcare providers; to require certainhealthcare services providers to perform criminal backgroundhistory checks on nonlicensed personnel prior to employment;to authorize the use of fingerprints for criminal backgroundhistory checks; to provide for definitions; to provide for sharingof information; to provide for an effective date; and to providefor related matters.
HOUSE BILL NO. 747—BY REPRESENTATIVE WHITE
AN ACTTo amend and reenact R.S. 32:408.1(introductory paragraph), (4),
(5), and (6) and to enact R.S. 32:408.1(B), (C), (D), (E), and (F),relative to the issuance of cease and desist orders to personsadministering driving skills tests in violation of law; to prohibitor require certain actions relating to the administration ofdriving skills tests; to authorize the Department of Public Safetyand Corrections, public safety services, to issue cease and desistorders to persons administering skills tests in violation of law;and to provide for related matters.
HOUSE BILL NO. 786—BY REPRESENTATIVE BISHOP
AN ACTTo amend and reenact R.S. 33:160(B) and 171(A) and to enact R.S.
33:160(C), 171(D), and 178(C) and (D), relative to municipalannexation; to require municipal governing authorities toprovide copies of municipal annexation ordinances, byelectronic medium, to the registrar of voters and the secretary ofstate; to provide alternative methods of providing suchinformation; to provide for definitions; and to provide for relatedmatters.
HOUSE BILL NO. 842—BY REPRESENTATIVE BROADWATER
AN ACTTo amend and reenact R.S. 17:3021, 3023(A)(introductory
paragraph), (1), (2)(a) and (b)(introductory paragraph), (4)through (10) and (B), 3023.1(C), (D), and (E), 3023.3,3023.4(A), 3023.6, 3023.7, 3023.8, 3024, 3024.1, 3024.2, 3031,3093(A) and (B), 3452, 3453.1(A) and (C), 3454(A),(B)(introductory paragraph), (6), (9), and (13), (C), and (D),3455, and 3456, R.S. 36:651(BB), and R.S. 51:2211(A),2212(2), 2213(D) and (F), and 2215(A) and to repeal R.S.17:3022, 3023.9, 3025, 3035, and 3453, R.S. 36:651(M) and(CC), 801.4, and 802.23, and 51:2214(A) through (F); to abolishthe MediFund Board and to transfer its powers and duties to the
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Board of Regents; to abolish the Louisiana Student FinancialAssistance Commission and transfer its powers and duties to theBoard of Regents; to abolish the Executive Board of theLouisiana Marine Consortium for Research and Education andtransfer its powers and duties to the Board of Regents; toprovide relative to the governance of the Louisiana TuitionTrust Authority; to provide relative to the transfer of the powers,obligations, and property of the abolished boards; to requirereports on implementation; and to provide for related matters.
HOUSE BILL NO. 1010—BY REPRESENTATIVES DEVILLIER, TERRY BROWN, CARPENTER,STEVE CARTER, GISCLAIR, GLOVER, GUINN, TERRY LANDRY,LEBAS, MARCELLE, PIERRE, POPE, AND WHITE
AN ACTTo amend and reenact R.S. 47:463.170(D), relative to motor vehicle
special prestige license plates; to provide for the "Lung CancerAlliance" special prestige plate; to modify the annual royalty feecollected by the department; and to provide for related matters.
HOUSE BILL NO. 85—BY REPRESENTATIVE DAVIS
AN ACTTo amend and reenact R.S. 33:9097.8(B), relative to the Broadmoor
Crime Prevention and Improvement District in East BatonRouge Parish; to modify the boundaries of the district subject tovoter approval; and to provide for related matters.
HOUSE BILL NO. 203—BY REPRESENTATIVE LANCE HARRIS
AN ACTTo amend and reenact R.S. 48:2154(C)(1)(introductory paragraph)
and to enact R.S. 48:2154(C)(1)(k), relative to the CentralLouisiana Regional Infrastructure Beltway Commission; toprovide relative to the membership of the board of directors; andto provide for related matters.
HOUSE BILL NO. 513—BY REPRESENTATIVE GARY CARTER
AN ACTTo amend and reenact R.S. 33:2740.27(K), relative to Orleans Parish;
to provide relative to the Algiers Development District; toprovide relative to the powers and duties of the district; toauthorize the legislative auditor to audit contracts the districtenters for certain purposes; to provide limitations; and toprovide for related matters.
HOUSE BILL NO. 561—BY REPRESENTATIVES PUGH AND BROADWATER
AN ACTTo amend and reenact R.S. 48:1801(3) and 1804(A), relative to the
Zachary Taylor Parkway District; to provide relative tomembership in the district and on the commission; and toprovide for related matters.
HOUSE BILL NO. 731—BY REPRESENTATIVE MARCELLE
AN ACTTo enact R.S. 33:9097.28, relative to East Baton Rouge Parish; to
create the Capital Heights Crime Prevention and ImprovementDistrict; to provide relative to the boundaries, purpose,governance, and powers and duties of the district; to providerelative to district funding, including the authority to impose aparcel fee, subject to voter approval, within the district; toprovide with respect to termination of the district; and to providefor related matters.
HOUSE BILL NO. 746—BY REPRESENTATIVE THIBAUT
AN ACTTo amend and reenact R.S. 22:1573(A), (C) through (E), and (G) and
R.S. 44:4.1(B)(11) and to enact R.S. 22:821(B)(38) and Part XIIof Chapter 5 of Title 22 of the Louisiana Revised Statutes of1950, to be comprised of R.S. 22:1808.1 through 1808.13,relative to the licensing and regulation of insurance consultantsby the commissioner of insurance; to provide for licensing andrenewals; to provide for definitions; to provide for fees; to
provide for qualifications; to provide for examinations; toprovide for continuing education requirements; to provide forreciprocity with other states; to provide for confidentiality; toprovide for public records exception; to provide for exemptionsfrom certain requirements; to provide for civil and criminalpenalties for certain violations; and to provide for relatedmatters.
HOUSE BILL NO. 796—BY REPRESENTATIVES BISHOP AND SHADOIN
AN ACTTo amend and reenact Subpart B of Part VI of Chapter 1 of Title 33
of the Louisiana Revised Statutes of 1950, to be comprised ofR.S. 33:251 through 261, relative to the dissolution of certainmunicipalities; to provide relative to the procedures fordissolution; to make changes with respect to such procedures;and to provide for related matters.
HOUSE BILL NO. 865—BY REPRESENTATIVE HUVAL
AN ACTTo amend and reenact R.S. 22:1545(A) and (C)(1), 1546(B)(1) and
(D), 1547(G), 1554(A)(introductory paragraph), and 1562(A),to enact R.S. 22:1554(A)(20) and (21), and to repeal R.S.22:1545(B), relative to licensing of insurance producers; toprovide for a passing score for the examination; to provide fortaking the examination prior to filing an application for alicense; to provide for verification of the completion of aprelicensing course prior to examination; to provide forproducer licensing requirements for business entities; to providefor reporting of changes of information by producers; to providefor certain criteria for the denial, revocation, or suspension ofbusiness entity producer licenses; to provide for prohibited actsby business entity producers; and to provide for related matters.
HOUSE BILL NO. 890—BY REPRESENTATIVE DANAHAY
AN ACTTo amend and reenact R.S. 18:18(A)(7), 23(A)(introductory
paragraph) and (B), 116(A)(1)(introductory paragraph) and (a),(B)(1)(a) and (d) and (2)(a) and (b), and (C), 193(D), 424(B)(1),425(B), 444(D), 463(A)(2)(b), 470(B), 532.1(D)(2)(a) and (E),563(D)(2), 583(A)(2), 1285(B)(1)(a), 1300(C)(1), 1306(A)(3),1307(B)(1)(a), and 1313(J)(2)(b), to enact R.S. 18:18(A)(10),23(A)(8), 65, 116(A)(3), 1309(E)(5)(b)(iii), 1310(D), and1313(F)(11), and to repeal R.S. 18:105(B) and (C) and116(A)(1)(c), relative to the Louisiana Election Code; to revisethe system of laws comprising the Louisiana Election Code; toprovide relative to the powers, duties, and authority of thesecretary of state; to authorize the secretary of state to developand implement a pilot program for new voting technology andequipment; to provide relative to voter registration agencies; toprovide relative to the duty to provide voter registration servicesat such agencies; to prohibit certain conduct at such agencies; toprovide relative to qualifications to serve as a commissioner orcommissioner-in-charge; to allow certain students at institutionsof higher learning in the state to serve as commissioners undercertain circumstances; to require certain notice of the officers ofparish executive committees; to provide relative to the notice ofcandidacy; to provide relative to the execution of the certificateon a notice of candidacy; to provide relative to qualifying fees;to provide relative to changes in precinct boundaries; to requirethe parish governing authority to provide certain informationprior to adopting any such change; to require the secretary ofstate to report certain information relative to such changes; toprovide deadlines for making such changes; to provide for theeffectiveness of such changes; to provide relative to anticipatedvacancies; to provide relative to procedures for applying to voteabsentee by mail; to provide for the deadline for filing a requestfor recount of absentee by mail ballots; to provide relative tovoter registration; to require the registrar to transfer registrationinformation under certain circumstances; to provide for thecancellation of a registration under certain circumstances; to
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provide relative to procedures and requirements for establishingeligibility; to provide relative to retirement or resignation of aregistrar; to provide for the membership of the State Board ofElection Supervisors; to provide deadlines for notice of certainelections; to provide relative to absentee by mail voting; torequire certain information concerning correction procedures toappear on the ballot; to provide relative to paper ballots; toprovide for replacement ballots; to provide for effectiveness;and to provide for related matters.
HOUSE BILL NO. 906—BY REPRESENTATIVES ARMES, AMEDEE, BAGLEY, BAGNERIS,BILLIOT, CHAD BROWN, CARPENTER, GARY CARTER, DAVIS,EDMONDS, GISCLAIR, GLOVER, GUINN, HILFERTY, HORTON,HOWARD, LEGER, LYONS, MARCELLE, DUSTIN MILLER, POPE,PRICE, REYNOLDS, RICHARD, SCHRODER, SMITH, STOKES, THIBAUT,AND WHITE AND SENATOR WALSWORTH
AN ACTTo enact Part XIII of Chapter 26 of Title 17 of the Louisiana Revised
Statutes of 1950, to be comprised of R.S. 17:3399.21 through3399.24, relative to postsecondary education services forhomeless youth and foster youth; to require each publicpostsecondary education institution to designate a homeless andfoster student liaison and to provide for his responsibilities; toauthorize the institutions to provide for these students withrespect to residency status and housing; to provide fordefinitions; and to provide for related matters.
HOUSE BILL NO. 1038—BY REPRESENTATIVE ANDERS
AN ACTTo enact R.S. 22:753.1 and to repeal R.S. 22:753(C)(8), relative to
exemptions from principle-based reserves for life insurance; toprovide with respect to an exemption for single-state lifeinsurers domiciled in this state; to provide for the repeal of theexemption for domestic life insurers upon approval of thecommissioner of insurance; and to provide for related matters.
HOUSE BILL NO. 1068—BY REPRESENTATIVES LOPINTO AND WILLMOTT
AN ACTTo amend and reenact R.S. 37:1371(A), 1372, 1373(A), and 1374(B)
and to enact R.S. 37:1361(F), 1366(J), 1367(J), 1368(J), 1377(I)through (K), and 1378(A)(9) through (11), relative to theregulation of gas fitting; to clarify and restrict the authority ofthe the State Plumbing Board; to restrict municipal and localregulatory authorities; to provide for fees; to provide for dutiesof the board; to regulate licensure of gas fitters and master gasfitters; to provide for exceptions; to provide for inspections; toprovide for injunctions; to provide for penalties; to provide fordefinitions; to provide for violations; and to provide for relatedmatters.
HOUSE BILL NO. 1138— (Substitute for House Bill No. 822 byRepresentative Montoucet)
BY REPRESENTATIVE MONTOUCET AN ACT
To enact R.S. 32:402.1(E) and to repeal R.S. 32:422(B) and 422.1,relative to permits and licenses issued to persons to operatemotor vehicles; to provide for the issuance of a temporaryinstructional permit for first-time applicants for drivingprivileges prior to beginning a driver's education or trainingcourse; to provide for the imposition of a fee; to provide forexceptions; to repeal existing authority for the issuance ofcertain permits authorizing certain persons to drive with certaindriving instructors; and to provide for related matters.
HOUSE BILL NO. 1143— (Substitute for House Bill No. 233 byRepresentative Stokes)
BY REPRESENTATIVE STOKES AN ACT
To enact R.S. 32:1(1.2), relative to motor vehicles; to define"autonomous technology" for purposes of highway regulatoryprovisions; and to provide for related matters.
and asked that the President of the Senate affix his signature to thesame.
Respectfully submitted,ALFRED W. SPEER
Clerk of the House of Representatives
The House Bills and Joint Resolutions contained herein weresigned by the President of the Senate.
Message from the House
SIGNED HOUSE CONCURRENT RESOLUTIONS
May 23, 2016
To the Honorable President and Members of the Senate:
I am directed to inform your honorable body that the Speaker ofthe House of Representatives has signed the following HouseConcurrent Resolutions:
HOUSE CONCURRENT RESOLUTION NO. 2—BY REPRESENTATIVE BISHOP
A CONCURRENT RESOLUTIONTo approve the annual integrated coastal protection plan for Fiscal
Year 2017 as adopted by the Coastal Protection and RestorationAuthority.
HOUSE CONCURRENT RESOLUTION NO. 33—BY REPRESENTATIVE DANAHAY
A CONCURRENT RESOLUTIONTo urge and request the secretary of state to establish policies to
provide elections division employees within the Department ofState who have received CERA certification with a pay increaserelative to such certification.
HOUSE CONCURRENT RESOLUTION NO. 34—BY REPRESENTATIVE HOFFMANN
A CONCURRENT RESOLUTIONTo continue legislative authority for and request completion of a
study by the Children's Code Committee of the Louisiana StateLaw Institute relative to continuing contact by parents and otherrelatives with children who are subjects of child in need of careproceedings as originally provided in House ConcurrentResolution No. 125 of the 2015 Regular Session.
HOUSE CONCURRENT RESOLUTION NO. 59—BY REPRESENTATIVE MARCELLE
A CONCURRENT RESOLUTIONTo create the Louisiana Law Enforcement Body Camera
Implementation Task Force to study and make recommendationsregarding the requirements for implementation and developmentof best procedures for the use of the body cameras and policiesfor access to and use of body camera recordings by lawenforcement agencies in this state, and to provide for a writtenreport of its recommendations and findings not later than sixtydays prior to the 2017 Regular Session of the LouisianaLegislature.
HOUSE CONCURRENT RESOLUTION NO. 68—BY REPRESENTATIVE DANAHAY
A CONCURRENT RESOLUTIONTo urge and request the secretary of state to continue to maintain a
toll-free number to allow members of the public to submitcomments, concerns, and questions relative to elections; toimmediately send to the appropriate registrar a detailedsummary of any such comment, concern, or question; and totrack calls to ensure that they are addressed appropriately and tourge and request each registrar of voters to prominently post thetoll-free number at his office.
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HOUSE CONCURRENT RESOLUTION NO. 70—BY REPRESENTATIVE ZERINGUE
A CONCURRENT RESOLUTIONTo urge and request continued support for the efforts by the state of
Louisiana and others in the Mississippi River Basin to worktogether toward achieving the goals of the Gulf Hypoxia ActionPlan and a reduction of the hypoxic zone off our coast.
HOUSE CONCURRENT RESOLUTION NO. 97—BY REPRESENTATIVE HOFFMANN
A CONCURRENT RESOLUTIONTo express the support of the legislature for the MyOldMeds
campaign to promote safe storage and in-home disposal ofprescription medications.
HOUSE CONCURRENT RESOLUTION NO. 115—BY REPRESENTATIVE ROBBY CARTER
A CONCURRENT RESOLUTIONTo urge and request the commissioner of conservation to study the
effects of ground water withdrawals on the sustainability of theSouthern Hills Aquifer System and on the water supplies ofparishes currently relying on that ground water and to reportthose findings to the House Committee on Natural Resourcesand Environment and the Senate Committee on EnvironmentalQuality.
and asked that the President of the Senate affix his signature to thesame.
Respectfully submitted,ALFRED W. SPEER
Clerk of the House of Representatives
The House Concurrent Resolutions contained herein were signedby the President of the Senate.
ATTENDANCE ROLL CALL
PRESENT
Mr. President Erdey MorrellAllain Fannin MorrishAppel Gatti PeacockBarrow Hewitt PerryBishop Johns RiserBoudreaux LaFleur Smith, G.Brown Lambert Smith, J.Carter Long TarverChabert Martiny ThompsonClaitor Milkovich WalsworthColomb Mills WardCortez Mizell White Total - 36
ABSENT
Donahue Luneau Peterson Total - 3
Leaves of Absence
The following leaves of absence were asked for and granted:
Donahue 1 Day Luneau 1 DayPeterson 1 Day
Announcements
The following committee meetings for May 24, 2016, wereannounced:
Environmental Quality 9:30 A.M. Room CFinance At Adj Room AHealth and Welfare 11:30 A.M. Hainkel RoomJudiciary A 9:00 A.M. Hainkel Room
Judiciary B 9:00 A.M. Room EJudiciary C 10:00 A.M. Room FRevenue and Fiscal Affairs At Adj Hainkel RoomSenate and Gov't Affairs 11:00 A.M. Room F
Adjournment
On motion of Senator Thompson, at 6:35 o'clock P.M. theSenate adjourned until Tuesday, May 24, 2016, at 3:00 o'clock P.M.
The President of the Senate declared the Senate adjourned.
GLENN A. KOEPPSecretary of the Senate
DIANE O' QUINJournal Clerk
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